| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/05 |
| Hearing date | 14 Oct 2004 - 15 Oct 2004 (2 days) |
| Determination date | 05 July 2005 |
| Member | Y S Oldfield |
| Representation | C Bean ; J Bunbury |
| Location | Auckland |
| Parties | Bell v Tolaga Bay Cashmere Company Ltd |
| Summary | JURISDICTION - Whether legal relationship - Whether employee or independent contractor - Applicant sourced knitting machines from Scotland for respondent's business and on return provided training to staff - Alleged in return he had full time permanent employment running knitting operation at $50 per hour - Respondent alleged in return it was to help applicant gain residency - Letter offering employment - Respondent alleged offer was sham undertaken for purpose of assisting applicant to get work visa - Respondent received Business Growth Grant from Industry New Zealand to assist with engaging applicant's services on basis it had been invoiced for it by applicant - Credibility finding against respondent - Offer of employment was not a sham - Applicant was employee at beginning of legal relationship - Changed to independent contractor when respondent applied for Business Growth Grant - ARREARS OF WAGES - Arrears of wages due and owing for 26 weeks less amount already paid - Agreed rate was $50 an hour at 40 hours per week - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant could not pursue personal grievance since was not employee at time association with respondent ended - Consultant |
| Result | Application granted (Arrears) ; Arrears of wages ($50,331) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 246_05.pdf [pdf 49 KB] |