| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 468/05 |
| Hearing date | 29 Nov 2005 |
| Determination date | 07 December 2005 |
| Member | R Arthur |
| Representation | M Ward (in person) ; C Bennett |
| Location | Auckland |
| Parties | Ward v Twin Turbines Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - JURISDICTION - Applicant sought declaration that was employee and was entitled to additional wages and to holiday pay entitlements - Respondent had ceased trading and applied to be removed from the Companies Office - Issues with IRD over tax - Respondent had made no deductions for PAYE or withholding tax - Authority could not resolve tax matters but could determine real nature of employment relationship - Applicant alleged was agreement to be paid $21 per hour - Two employment agreements - First one, signed by applicant offered work at $11 per hour - Second one, included higher rate of $21 and was shown to immigration service to help applicant's work permit application - Second letter was a sham - Both parties knew it did not represent true state of affairs between them - First agreement was offer of employment" - Fact applicant paid by invoices not sufficient to view him in business on own account - Applicant took no financial risk and had no financial investment in work undertaken - Taking night job not necessarily indicative of contractor status - Four weeks leave taken at best a neutral factor - Work clearly integrated into respondent's business - Employment relationship - Declaration made that applicant employee - Holiday pay due and owing" |
| Result | Declaration accordingly ; Arrears of holiday pay ($1,631.52)(Annual holiday pay) ; ($1,056)(Public holiday pay) ; Costs reserved |
| Cases Cited | Cardy Business Ltd v Bizaoui unreported, Colgan J, 24 March 2005, AC 16/05 |
| Number of Pages | 7 |
| PDF File Link: | aa 468_05.pdf [pdf 42 KB] |