| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 390/04 |
| Hearing date | 20 Oct 2004 |
| Determination date | 01 December 2004 |
| Member | A Dumbleton |
| Representation | K Kaur ; no appearance |
| Location | Auckland |
| Parties | Masefield v Watkins & Anor |
| Other Parties | Watkins |
| Summary | JURISDICTION - Whether employee or independent contractor - Applicant was employee - PAYE deductions as if were employee - Not in business on own account - Paid hourly rate for set number of hours and given instructions by one of the respondents (N") - UNJUSTIFIED DISMISSAL - Whether applicant dismissed or whether employment ended by agreement - Applicant phoned N after was upset by note left by her - Though applicant suggested would resign if respondents unhappy with her work did not resign - N used words conveying dismissal - Unjustified dismissal - Remedies - Reimbursement of lost wages and compensation of $1,500 awarded - Lower compensation than might have been awarded against a more commercial employer - Taken into account kind of employment it was and need to be fair to employers in respondents' particular situation as well as to applicant - Domestic worker" |
| Result | Application granted ; Reimbursement of lost wages ($2,925)(13 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |