| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 73/02 |
| Determination date | 19 March 2002 |
| Member | T Woods |
| Representation | R Bianchi & P Graham ; Pryor in person |
| Location | Auckland |
| Parties | Mackie v Pryor |
| Summary | JURISDICTION - Whether employee or independent contractor - Hours of work fixed - Supplied own tools - Time records kept - Worked under supervision and direction - Tax paid by respondent - Relationship not to be determined artificially on technicalities - Real nature of relationship that of contract of service - Was an employee - ARREARS OF WAGES - Wages never paid - Arrears of wages due and owing - COSTS - ï¾½ day hearing - Contribution of $150 appropriate |
| Result | Application granted ; Arrears of wages ($790) ; Costs in favour of applicant ($150) |
| Statutes | ERA s6 |
| Cases Cited | Cunningham v TNT Express Worldwide (NZ) Ltd [1993] 1 ERNZ 695;Hook v JB's Contractors Ltd unreported, J Wilson, 22 March 2001, AA 21/01;Muollo v Rotaru [1995] 2 ERNZ 414 |
| Number of Pages | 6 |
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