| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 50/08 |
| Hearing date | 15 Nov 2007 |
| Determination date | 29 April 2008 |
| Member | P Montgomery |
| Representation | I Thompson ; No appearance |
| Location | Christchurch |
| Parties | Jones v Brewer |
| Summary | JURISDICTION - Whether employee or independent contractor - No appearance for respondent - No written employment agreement - Applicant performed brick laying work for respondent - Respondent paid in cash at end of each week - Authority found no evidence applicant had own self-employed business - Applicant used respondent’s equipment and materials to complete assigned tasks - Applicant not in control of work done and no ability to undertake other contract work in preference to respondent without severing employment relationship - Authority found applicant integrated into respondent’s business - Applicant employee - UNJUSTIFIED DISMISSAL - Authority found no formal notification of reason for dismissal, no procedure identifying whether dismissal was for cause, lack of capacity or redundancy and no discussion with applicant - Dismissal unjustified - Remedies - No contributory conduct - Thirteen weeks’ lost remuneration awarded - Applicant provided little evidence of effects of dismissal - Award of $2,500 compensation appropriate - ARREARS OF HOLIDAY PAY - Applicant did not work on four statutory holidays - Received no payment for those days - Respondent to pay applicant $787.20 outstanding holiday pay - COSTS – Less than half day investigation meeting - Successful personal grievance - Applicant claimed costs of $2, 250 - No submission on costs from respondent - Respondent to pay $1,650 plus GST contribution to applicant’s reasonably incurred costs - Brick layer |
| Result | Applications granted (Jurisdiction, Unjustified dismissal, Arrears of holiday pay) ; Reimbursement of lost wages ($12, 792) ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($787.20) ; Costs in favour of applicant ($1,650) |
| Main Category | Jurisdiction |
| Statutes | ERA s6(2);ERA s128(2);Holidays Act 2003 |
| Number of Pages | 8 |
| PDF File Link: | ca 50_08.pdf [pdf 38 KB] |