Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 15/05
Hearing date 7 Dec 2004
Determination date 21 January 2005
Member M Urlich
Representation JA McKinley (in person) ; E Williams (in person)
Location Auckland
Parties McKinley v Williams t/a Bladecutters Lawncare
Summary ARREARS OF WAGES AND HOLIDAY PAY - JURISDICTION - Applicant alleged wages and holiday pay outstanding - Whether employee or independent contractor - Respondent directed applicant's work, provided tools and paid regular weekly wage even when work unable to be performed - Authority not satisfied parties agreed to under the table" arrangement for purposes of avoiding tax obligations - Employment relationship - Applicant entitled to holiday for four year period of employment less 12 days taken - Entitled to four days' final wages"
Result Application granted; Arrears of wages ($352) ; Arrears of holiday pay ($4,382) ; No order for costs ; Disbursements (filing fee)($70)
Number of Pages 3
PDF File Link: aa 15_05.pdf [pdf 15 KB]