Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 114/07
Hearing date 29 May 2007
Determination date 19 September 2007
Member J Crichton
Representation K Coulston ; M Withers
Location Christchurch
Parties Taylor v Afu Finance Ltd
Summary JURISDICTION - Whether employee or independent contractor - Respondent claimed all workers contractors not employees - Applicant denied signing contractor agreement when started work - Application form labelled for contractors" not determinative and applicant did not understand what signing - Unfair for her to be taken advantage of in situation - Respondent directed applicant's days and places of work, and no invoices submitted - Applicant an employee - UNJUSTIFIED DISMISSAL - Applicant given letter terminating engagement with seven days notice - Substantively and procedurally unfair - Dismissal unjustified - Hairdresser"
Result Application granted ; Reimbursement of lost wages ($6,500) ; Compensation for humiliation etc ($4,000) ; Costs reserved
Main Category Personal Grievance
Number of Pages 6
PDF File Link: ca 114_07.pdf [pdf 23 KB]