| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 112/05 |
| Hearing date | 3 Mar 2005 |
| Determination date | 01 April 2005 |
| Member | V Campbell |
| Representation | M Deo (in person ) ; P McGann (in person) |
| Location | Auckland |
| Parties | Deo v McGann t/a McGann Construction |
| Summary | JURISDICTION - Whether employee or independent contractor - Respondent alleged temporary contractor arrangement with payment under the table" - Applicant not required to invoice respondent - Work undertaken integral part of respondent's business - Close supervision of applicant's work - Respondent's comment that applicant "sacked" consistent with status of employee - Applicant used own tools and vehicle - Applicant liable in previous jobs for tax and ACC levies but believed those now respondent's responsibility - No opportunity for applicant to profit from labours if worked harder or smarter other than by receiving normal hourly rate - Respondent alleged only used contractors - Applicant was employee - ARREARS OF WAGES - Alleged failure to pay wages owed at termination of employment - Disagreement over actual hours worked - Respondent alleged some money retained to cover expense of correcting mistake by applicant - Deductions without consent not permitted - Applicant to have benefit of doubt concerning hours worked given respondent's failure to keep wage and time records - Arrears of wages due and owing - COSTS - Applicant litigant in person - Entitled to filing fee" |
| Result | Application granted ; Arrears of wages ($1,525) ; No order for costs ; Disbursements ($70)(Filing fee) |
| Statutes | ERA s6;ERA s6(2);ERA s130;ERA s132;Wages Protection Act 1983 |
| Cases Cited | Koia v Carlyon Holdings Ltd [2001] ERNZ 585;Lee Ting Sang v Chung Chi-Keung [1990] 2 AC 374;Three Foot Six Limited v Bryson [2004] 2 ERNZ 97 |
| Number of Pages | 4 |
| PDF File Link: | aa 112_05.pdf [pdf 19 KB] |