| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 378/06 |
| Hearing date | 14 Nov 2006 |
| Determination date | 14 December 2006 |
| Member | Y S Oldfield |
| Representation | CR Carter (in person) ; D Cowie |
| Location | Auckland |
| Parties | Carter v Turnaround Managers Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Triangular employment - Applicant claimed owed wages for accounting work done for respondent's clients - Respondent argued accounting work performed by applicant on own account and not as employee - Applicant unaware accounting work expressly excluded from respondent's contract with first client - In absence of instruction to change or cease what doing, work done on respondent's behalf and in capacity as employee - Employment agreement made wage payments conditional on respondent having contracted to provide services to clients and on client having made payment - Respondent submitted bore no liability as conditions not met - Applicant accepted payment conditional but considered respondent had responsibility to invoice clients and pursue payment vigorously - Essentially commission only" arrangement - Authority did not accept respondent did not have contracts with clients - However, accepted payment not received and could not accept respondent failed to adequately pursue payment - Applicant knew high risk environment meant risk of non-payment - Condition not met - However, Minimum Wage Act 1983 and Wages Protection Act 1983 applied - Applicant not paid for nine weeks - Entitled to arrears of wages based on minimum wage - Respondent accepted holiday pay due and owing" |
| Result | Application granted : Arrears of wages ($810) ; Arrears of holiday pay ($4,271.06) ; Interest (8%) ; Costs to lie where they fall |
| Statutes | ERA Second Schedule cl11(1);Minimum Wage Act 1983 s6;Wages Protection Act 1983 s4 |
| Number of Pages | 7 |
| PDF File Link: | aa 378_06.pdf [pdf 99 KB] |