| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 109/07 |
| Hearing date | 21 Jun 2007 |
| Determination date | 08 August 2007 |
| Member | P R Stapp |
| Representation | Pirimona & Gibbons (in person) ; AG Parker |
| Location | Wellington |
| Parties | Pirimona & Anor v Wilson & Anor |
| Other Parties | Gibbons ; Kent Farm Ltd |
| Summary | JURISDICTION - Whether employee or independent contractor - Respondent exercised sufficient control over first applicant and his considerable hours meant integrated into business - First applicant an employee of second respondent - Second applicant claimed employed by first respondents personally - Worked infrequently on casual basis and directed on whether or not could work - Limited records led to conclusion second applicant employee of first respondents - UNJUSTIFIED DISMISSAL - Open to first respondents to cease offering work to second applicant as casual employee - No grievance - Altercation developed between second applicant and respondents and first applicant chose to leave with her - First applicant’s submission he left because upset asked to spy on contractor for respondent not credible given time delay - Applicants’ behaviour, evident at investigation meeting, added significantly to situation - Would have disentitled them to any remedies if had been unjustifiably dismissed - ARREARS OF WAGES HOLIDAY PAY - Arrears of holiday pay due and owing to both applicants - First applicant also owed wages and payment for sick days, but not entitled to payment for unused sick leave - Arrears to be offset by sum already paid by respondent - Caretakers |
| Result | Application granted (Arrears) ; Arrears of holiday pay ($8967.25)(Payable by second respondent to first applicant); ($381) (Payable by first respondents to second applicant) ; Arrears of wages ($1,417.50 less $1,000)(First applicant) ; Application dismissed (Dismissal) ; Disbursements in favour of applicants ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 17 |
| PDF File Link: | wa 109_07.pdf [pdf 53 KB] |