| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 90/05 |
| Hearing date | 14 Jun 2005 |
| Determination date | 01 July 2005 |
| Member | P Cheyne |
| Representation | D Standring ; no appearance |
| Location | Christchurch |
| Parties | McLeman v New Zealand Commercial Care Ltd |
| Summary | JURISDICTION - No appearance for respondent - Whether independent contractor or employee - Not given a copy of document signed when she was first engaged - Applicant did not supply the tools of the trade, had no financial interest in the business, did not risk any profit or loss, and clients were invoiced by respondent - She was usually paid weekly at hourly rate, and regularly reported hours to director - Also a history of loans and advances with repayments taken from wages - Reference on payslips to contract cleaner" label only - Tax treatment a consequence rather than being determinative of status - Applicant employee - UNJUSTIFIED DISMISSAL - Whether constructive dismissal or resignation - When director returned from overseas applicant mentioned was thinking of leaving and working for some of respondent's former clients - Alleged director responded negatively - Applicant became dissatisfied with her employment and resigned - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Alleged false allegation of theft made - Respondent alleged she had stolen money - However, this occurred after resignation and therefore not during employment relationship - Alleged not paid for extra hours worked - Director promised to pay for extra hours - This was not the case of a repeated promise that was never honoured - No unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of wages and holiday pay due and owing - Interest 9 percent" |
| Result | Applications dismissed (Unjustified dismissal and unjustified disadvantage) ; Arrears of wages ($2,105.60) ; Arrears of holiday pay ($4,116.37) ; Interest (9 percent) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 4 |
| PDF File Link: | ca 90_05.pdf [pdf 23 KB] |