| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 17/07 |
| Hearing date | 13 Dec 2006 |
| Determination date | 15 February 2007 |
| Member | P Cheyne |
| Representation | S Howard & J Burney ; M Te Whata & K Brown |
| Location | Wellington |
| Parties | Rongonui & Anor v P Te Whata & Anor |
| Other Parties | The Amalgamated Workers' Union New Zealand (Southern Incorporated) ; V Te Whata |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Applicant signed agreement to contract" - Employer named on contract not Maori incorporation, as claimed by respondent, or other legal entity - Respondents clearly controlled shearing gang, and signed agreement - Applicant entered legal relationship with respondents trading as employer named in contract - Authority made order identifying respondents by full names - JURISDICTION - Whether employee or independent contractor - Although contract in language of contract for services and negated several usual incidents of employment, applicant not working on own account - Had no control over work conditions - Work integral to respondents business - Real nature of relationship employment - Employee - Applicant made submissions about fairness of terms and circumstances in contract - If had found relationship not employment, s6 Minors' Contract Act 1969 would have applied since applicant young (16 years old) - UNJUSTIFIED DISMISSAL - Applicant claimed threatened with violence - Left job after sworn at but agreed to return - Parties later argued about getting sheep into shed - Applicant said not his job - Told to leave and not come back - Initiative for termination of employment came from respondent - Words used could constitute dismissal and did so in circumstances - Nothing about respondent's response could have constituted actions of fair and reasonable employer - Unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Given unjustified dismissal finding unnecessary to deal with disadvantage claim - ARREARS OF WAGES AND HOLIDAY PAY - Arrears of holiday pay due and owing - Respondent made "charitable tax" deductions from applicant's wages - Deducted wages due and owing, unless respondent could account for it by proving payment made to Inland Revenue - Length of service two weeks - Shearing gang presser" |
| Result | Application granted ; Compensation for humiliation etc $2,000 ; Arrears of wages ($239.42)(charitable tax deduction) ; Arrears of holiday pay ($68.41) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Maori Incorporation Constitution Regulations 1994;Minors' Contract Act 1969 s6;Te Ture Whenua Maori Act 1993/Maori Land Act 1993 |
| Number of Pages | 6 |
| PDF File Link: | ca 17_07.pdf [pdf 40 KB] |