| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 470/05 |
| Hearing date | 8 Dec 2005 |
| Determination date | 12 December 2005 |
| Member | Y S Oldfield |
| Representation | CI Blackwell (in person) ; no appearance |
| Location | Auckland |
| Parties | Blackwell v Wairau Stone Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - JURISDICTION - Towards end of working for respondent payment became erratic - Applicant stopped working for respondent - Unable to effect service on respondent - Service on director constituted service on respondent company - No appearance for respondent - Courier post provided confirmation of service of notice of investigation meeting - On that basis investigation proceeded - However, concluded that applicant contractor not employee - Applicant worked for respondent at same time as running two businesses - Applicant paid GST on expenses - Was not paid holiday pay at Christmas 2003 and was told it was because she was a contractor - Has continued own business ventures since ceasing work for respondent - Real nature of relationship not employment one - Applicant free to run business as she saw fit - Received GST on payments by respondent - No jurisdiction - Marketing manager |
| Result | Application dismissed ; No order for costs |
| Statutes | EAR r16(3)(a)(iv);ERA s6(2) |
| Number of Pages | 2 |
| PDF File Link: | aa 470_05.pdf [pdf 12 KB] |