| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 283/09 |
| Determination date | 17 August 2009 |
| Member | D King |
| Representation | M Flyger ; A Reid (in person) |
| Location | Auckland |
| Parties | Equipment and Transport Leasing Ltd v Reid (Labour Inspector) |
| Summary | PRACTICE AND PROCEDURE – Applicant objected to demand notice – Authority to determine what is due under notice – Applicant argued holiday pay not owed because no employment relationship and was unfair bargaining – Authority found respondent not contractor – Respondent subject to individual employment agreement, paid PAYE and had Kiwisaver deductions – Found employment relationship – Applicant claimed unfair bargaining due to respondent’s failure to communicate intention to form own hire business – Applicant argued left in position of diminished capacity incapable of producing fair bargain – Found no diminished capacity to comprehend – Found no unfair bargaining – Found possible breach of good faith but did not alter applicant’s obligation to pay holiday pay – Found respondent owed holiday pay – Objection to demand notice failed – Applicant to pay $3,073 specified in demand notice |
| Result | Application dismissed ; Arrears of holiday pay ($3,073.85) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1);ERA s4(4);ERA s4A;ERA s6;ERA s68;ERA s69;ERA s224;ERA s226 |
| Number of Pages | 5 |
| PDF File Link: | aa 283_09.pdf [pdf 27 KB] |