| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 185A/05 |
| Hearing date | 26 May 2005 |
| Determination date | 01 June 2005 |
| Member | L Robinson |
| Representation | J O'Shea ; Z Ali |
| Location | Auckland |
| Parties | Hayward v Flat Bush Supermarket (New Zealand) Ltd |
| Summary | JURISDICTION - Whether independent contractor or employee - Applicant did own taxes - Respondent provided receipts stating applicant independent contractor - Also produced warning letters - Warning letters contrived for justification purposes - Respondent's written documents entirely suspect and not accepted as evidence or corroboration of any fact - Tax status not decisive - Clear that initially parties agreed on employment relationship - Fact applicant failed to return executed employment agreement did not alter that - Industry practice that butchery managers were engaged as employees accepted - Employee - UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent relied on applicant not being employee - Not full and fair enquiry - Not capable of being regarded as serious misconduct which justified dismissal - Remedies - No contributory conduct - When applicant returned to premises to retrieve property was further abused by respondent - Aggravating feature of dismissal - ARREARS OF WAGES - Not persuaded applicant contractually entitled to be paid for overtime hours - Arrears not proven - Claim dismissed - Butchery manager |
| Result | Application granted (Unjustified dismissal) ; Reimbursement of lost wages $1,065.87)(12 weeks) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Arrears of wages) ; Costs reserved |
| Statutes | ERA s6 |
| Cases Cited | Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01 |
| Number of Pages | 6 |
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