| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12/06 |
| Hearing date | 19 Jan 2006 |
| Determination date | 20 January 2006 |
| Member | Y S Oldfield |
| Representation | N Kumar (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Kumar v Cool Units Ltd |
| Summary | JURISDICTION - No appearance by respondent because respondent was about to be placed in voluntary liquidation - Since liquidation had not yet taken place Authority proceeded to determine matter - Whether employee or independent contractor - Applicant first employed by respondent in 2002 - Subsequently worked for respondent again for one week in 2005 - Was not paid so did not work after that - Respondent alleged he took applicant on as contractor - Insufficient evidence to establish that it was agreed applicant's status would be different than when employed in 2002 - Applicant was employee - ARREARS OF WAGES - No dispute some payment owed - Authority found rate of pay was $18 per hour - Respondent alleged arrears had been paid in part - Authority accepted applicant's evidence that part payment was not made - Applicant entitled to payment for 45 hours at $18 per hour - Fish tank constructor |
| Result | Application granted ; Arrears of wages ($810) |
| Number of Pages | 3 |
| PDF File Link: | aa 12_06.pdf [pdf 14 KB] |