| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 39/07 |
| Hearing date | 8 Mar 2007 |
| Determination date | 12 April 2007 |
| Member | J Crichton |
| Representation | K Pringle (in person) ; no appearance |
| Location | Queenstown |
| Parties | Pringle v Active Planet Ltd |
| Summary | ARREARS OF WAGES - Respondent alleged arrears owed by predecessor company and applicant contractor not employee - However, prepared to pay lesser sum when funds allowed - No appearance by respondent at investigation meeting - Piece work pay arrangement - Applicant adamant paid piece rate for each journey and respondent responsible for PAYE - Applicant conceded arrears owed by predecessor company - However, claimed respondent's director committed to take over debt - Consistent with material filed by director - Portion of debt owed by predecessor already met by respondent, confirmed intention to meet obligations of predecessor - Authority contacted director, who indicated not responsible for PAYE as not employment relationship and would contact IRD - Authority satisfied piece work employment and preferred applicant's evidence as to responsibility for tax - Applicant's schedule of payments owing accepted - Claim made out for payment of wages by respondent notwithstanding applicant never an employee - Arrears due and owing - Respondent to account to IRD for PAYE |
| Result | Application granted ; Arrears of wages ($3,080)(net) ; Costs to lie where they fall |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | ca 39_07.pdf [pdf 39 KB] |