| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 206/07 |
| Hearing date | 10 Apr 2007 |
| Determination date | 09 July 2007 |
| Member | L Robinson |
| Representation | S von Tunzelman (in person) ; M Taylor (in person) |
| Location | Auckland |
| Parties | von Tunzelman v Taylor & Anor |
| Other Parties | Wordwide Publishers Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – First respondent director of second respondent – Claimed only second respondent had legal relationship with applicant – Applicant previously employed by first respondent – Had no knowledge of second respondent, but accepted worked for publication – Applicant entered into and concluded negotiations with first applicant – First respondent never disclosed acting as agent – No written agreement – Doctrine of undisclosed principal – Applicant entitled to proceed against first respondent – JURISDICTION – Whether employee or independent contractor – Applicant claimed paid weekly retainer and commission – Respondent contended applicant not paid retainer but “advance” commission – Applicant’s evidence preferred – Applicant subject to significant control and integral part of operation – Applicant an employee – UNJUSTIFIED DISMISSAL – Applicant drinking with first respondent after work – Alleged told would need to find a new job and would not be paid commission – Applicant's attempts to contact respondent to clarify situation unsuccessful – Applicant’s evidence accepted – Dismissal unjustified – Applicant did not seek remedies - ARREARS – Applicant claimed owed outstanding commission – Respondent submitted not owed anything as did not earn any – Also said not paid because did not submit invoices – Statements inconsistent and Authority rejected contention applicant required to submit invoices – Applicant entitled to commission of greater of 10 percent of total sales, or $40,000 – Authority unable to determine arrears without sales figures – Respondents ordered to supply information |
| Result | Application granted ; Arrears of wages (Quantum to be determined) ; Orders accordingly ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s6;ERA s103A |
| Cases Cited | Cowan v Baggstrom unreported, Shaw J, 13 July 1999, WC 39/99;Cuttance (t/a Olympus Fitness Centres) v Purkis [1994] 2 ERNZ 321 |
| Number of Pages | 7 |
| PDF File Link: | aa 206_07.pdf [pdf 30 KB] |