| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 105/10 |
| Hearing date | 18 May 2010 |
| Determination date | 28 May 2010 |
| Member | P R Stapp |
| Representation | D Vincent, S Sorsby ; G Ogilvie |
| Location | Wellington |
| Parties | Smith v Impact Piledrving Ltd & Ors |
| Other Parties | Pirimona, Pirimona |
| Summary | PRACTICE AND PROCEDURE – JURISDICTION – ARREARS OF WAGES - First issue identity of employer – Applicant carried out duties for company (“X”) owned by second and third respondent – No written employment agreement – X struck off Companies Register – Third respondent continued to trade as sole trader (“Y”) – Second respondent registered first respondent company – Applicant carried out work for both Y and first respondent – Authority found applicant employed by X until company struck off – Found applicant continued relationship with third respondent and carried out duties for Y – Found third respondent paid applicant for work done – Found applicant at various time employed by X, Y and worked for second and third respondents on separate occasions – Second issue, whether applicant employee or independent contractor – Neither party maintained wage records or information indicating nature of relationship – Applicant claimed not in business on own account and paid wages – Found applicant regularly paid by and worked regular hours for third respondent – Found applicant integrated in business, had control over duties and time of work – Found applicant employee – Found unclear who had liability for applicant’s personal grievance and arrears claims – Found possible applicant’s substantive claim should be against third respondent as third respondent dismissed applicant – Found second respondent not jointly or personally liable for debts incurred by other respondents – Found however, third respondent bankrupt and court proceedings halted under s76(1) Insolvency Act 2006 – Found claims for arrears not made out –Applications dismissed – No jurisdiction |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Insolvency Act 2006 s76(1) |
| Number of Pages | 8 |
| PDF File Link: | wa 105_10.pdf [pdf 24 KB] |