| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 63/01 |
| Determination date | 09 November 2001 |
| Member | P Cheyne |
| Representation | N Hornsey ; R Murdoch |
| Location | Christchurch |
| Parties | Taylor v Murdoch |
| Other Parties | Taylor (formerly van den Bos), Murdoch |
| Summary | UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employees or independent contractors - Employed to set up and run accommodation complex - Payment for services to be sent to family company - Invoices sent but payment never received - Dismissed after contacted solicitor demanding payment - Intention only part of relevant factors to be considered when determining nature of relationship formed - Provision of payment to family company not decisive - Some autonomy in performance of duties - No opportunity for profit or loss - True nature of relationship was that of employer/employee - Credibility - Applicants' evidence preferred - Dismissal procedurally unfair - Motel managers |
| Result | Application granted ; Reimbursement of lost wages ($24,000) ; Compensation for humiliation ($12,000) ; Reimbursement of business expenses ($4,257.56) ; Arrears of wages ($30,149.01) ; Costs reserved |
| Statutes | ERA s6;ERA s134;ERA s159(1)(b);ERA s242 |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Telecom South v Post Office Union [1992] 1 ERNZ 711 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |