| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 307/08 |
| Hearing date | 12 Aug 2008 |
| Determination date | 27 August 2008 |
| Member | A Dumbleton |
| Representation | S Bak (in person) ; E Kang |
| Location | Auckland |
| Parties | Bak v Wasan International Co Ltd and Anor |
| Other Parties | Wasan International Construction & Development Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Owner of first and second respondent’s (“K”) argued applicant not an employee of either company – K argued second respondent and third party company jointly contracted services of applicant – K provided no evidence to support contention relationship with third party company – Found evidence which showed PAYE deductions from applicant’s income by second respondent – K argued PAYE deducted at request of Inland Revenue Department but not because applicant an employee – Authority found applicant under K’s direction in work performed and no opportunity to work for anyone else – Found applicant an employee as integrated into second respondent’s business – ARREARS OF WAGES AND HOLIDAY PAY – K did not seriously dispute underpayment claimed by applicant – Authority found applicant entitled to wages and holiday pay claimed – Authority ordered second respondent to pay applicant $10,022 outstanding wages and holiday pay – Interest at 9 percent from when claim lodged |
| Result | Application granted ; Arrears of wages ($7,832.09) ; Arrears of holiday pay ($2,190.57) ; Interest (9%) ; Disbursements in favour of applicant ($70) |
| Main Category | Jurisdiction |
| Number of Pages | 4 |
| PDF File Link: | aa 307_08.pdf [pdf 18 KB] |