| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/02 |
| Determination date | 10 April 2002 |
| Member | K J Anderson |
| Representation | Smith in person ; C Knolles & D Knolles |
| Location | Auckland |
| Parties | Smith v MMM Proprietary Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of minimum wage, holiday pay and payment in lieu of statutory holidays - Employed on commission basis - Commission too low - Renegotiated onto base salary plus commission - Alleged applicant not employee for commission only period - Tests to determine whether employee or contractor - Did not invest any capital or have financial control over business - Respondent determined overall direction of business - Applicant an employee - Underpaid wages at varying rates throughout period - Holiday pay also unpaid - Not paid for statutory holidays worked - Arrears claims made out - COSTS - Litigant in person - Entitled to reimbursement for filing fee - Lodge manager |
| Result | Application granted ; Arrears of wages ($12,447.50) ; Arrears of holiday pay ($4098.26) ; Costs in favour of applicant ($70) |
| Statutes | ERA s131;Holidays Act 1981 s7A;Holidays Act 1981 s11;Minimum Wage Act 1983 s6 |
| Cases Cited | Market Investigations Ltd v Minister of Social Security [1969] 2 QB 173 |
| Number of Pages | 8 |
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