| Summary |
JURISDICTION – UNJUSTIFIED DISMISSAL – ARREARS OF WAGES – ARREARS OF HOLIDAY PAY - Whether employee or independent contractor – Applicant claimed was employee, unjustifiably dismissed and entitled to arrears of wages and holiday pay – Respondent claimed applicant contractor – Alternatively claimed abandonment – Employment agreement provided regular work hours, payment of salary and process for resolution of employment relationship problems – No evidence on who gave applicant direction and supervision and whether fundamentally working for own business – Conflict of evidence whether applicant abandoned employment – Applicant claimed informed respondent had left workplace to take partner to hospital – Respondent claimed not informed therefore dismissed applicant – Applicant also claimed agreement made to increase salary - Authority found insufficient evidence to make determination for personal grievance, arrears of wages and holiday pay – Investigation meeting adjourned – Truck Driver |