| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/09 |
| Hearing date | 7 Jul 2009 |
| Determination date | 29 July 2009 |
| Member | L Robinson |
| Representation | B Lewis (in person) ; M Lewis & D Lewis |
| Location | Auckland |
| Parties | Lewis v Lewis Transport Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages for contract period at respondent – Applicant initially employed at respondent and subsequently became contractor after formation of own company (“SDK”) – Payment arrangement made by invoices tendered by SDK to respondent – IRD advised respondent to treat applicant as employee and to deduct PAYE – Respondent continued paying for applicant’s services through SDK – Authority found applicant employee at respondent at all material times – Found applicant paid for work done by respondent through SDK, therefore no arrears owing – No order for arrears - UNJUSTIFIED DISMISSAL – Authority found applicant voluntarily resigned – No dismissal – Operations Manager |
| Result | No order for arrears ; Application dismissed (Unjustified dismissal) ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | aa 251_09.pdf [pdf 13 KB] |