| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 84/09 |
| Hearing date | 17 Feb 2009 |
| Determination date | 15 June 2009 |
| Member | P R Stapp |
| Representation | A Parker ; T Kennedy |
| Location | Wellington |
| Parties | Smith v Wairarapa Medical Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant initially employed at respondent and subsequently re-engaged as contractor - Applicant claimed no intention to become contractor – Authority found written agreement identified applicant as contractor – Found respondent’s management of clinic showed significant control over applicant’s performance of duties – Found applicant contracted to provide skill-based services however also integrated into respondent’s business – Applicant on-site doctor and had off-site computer connection to continue work at home – Found payment arrangements consistent with applicant being contractor, however performance of duties not fundamentally as person in business on own account – Applicant had no profit motive, income restricted to hourly rate paid by respondent and written agreement restricted ability to perform other contracts – Found overall evidence supported applicant was employee – Jurisdiction - ARREARS OF WAGES – Applicant claimed underpayment of wages during engagement as employee – Employment agreement (“EA”) provided wage rate of $60 per hour – Respondent argued parties agreed to $55 per hour because applicant had fewer consults than required – Argued applicant’s failure to formally lodge complaint amounted to acceptance of new wage rate – Authority found no acceptance of variation by applicant therefore EA prevailed – Entitled to recover underpayment of wages – Doctor |
| Result | Applications granted ; Arrears of wages ($2,417.50) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s6(2);ERA s6(3)(b);ERA s142 |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372;Tse v Cieffe (NZ) Ltd, unreported, Shaw J, 6 Apr 2009, WC4/09 |
| Number of Pages | 10 |
| PDF File Link: | wa 84_09.pdf [pdf 33 KB] |