| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/08 |
| Hearing date | 16 Jun 2008 |
| Determination date | 17 June 2008 |
| Member | R A Monaghan |
| Representation | S Clarke ; L Roberts |
| Location | Auckland |
| Parties | Clarke v Roberts & Anor |
| Other Parties | L Roberts Enterprises Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Whether employee or independent contractor - No written employment agreement - Parties had not discussed nature of relationship - No tax paid on applicant’s earnings - Applicant essentially worked full time and fully integrated into business - Applicant an employee - Identity of employer - Whether applicant employed by first respondent personally or second respondent business - No basis to attribute to employer status to first respondent - Second respondent employer - Arrears due and owing - Chef |
| Result | Application granted ; Arrears of holiday pay ($1,440)(annual leave) ; ($720)(Statutory holidays) ; Disbursements ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 s23 |
| Number of Pages | 4 |
| PDF File Link: | aa 210_08.pdf [pdf 16 KB] |