| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 11/01 |
| Determination date | 23 February 2001 |
| Member | J Wilson |
| Representation | Stubbs In Person ; B Braatvedt |
| Location | Auckland |
| Parties | Stubbs v Kimihia Home & Hospital (Operated by the North Waikato Care Of The Aged Trust Board Inc) |
| Summary | UNJUSTIFIED DISMISSAL - Whether employee or independent contractor - Jurisdiction - Began relationship as contractor - Serviced number of clients - Subsequently began full time employment with respondent - Evidence indicative that not in business for self - Employee at time of dismissal - Dismissal substantively and procedurally unjustified - Entitled to holiday pay - Reinstatement not practicable - Maintenance person |
| Result | Application granted ; Arrears of holiday pay ; Reimbursement of lost wages and holiday pay (4 weeks) ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall |
| Statutes | ERA s6 |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374 ; [1990] ICR 409 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |