| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 322/10 |
| Hearing date | 30 Jun 2010 |
| Determination date | 13 July 2010 |
| Member | Y S Oldfield |
| Representation | NGC Reed (in person) ; R Doyle |
| Location | Auckland |
| Parties | Reed v Army Surplus Disposals Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – JURISDICTION – Applicant claimed owed final two weeks wages and outstanding holiday pay after resigned – Respondent argued applicant an independent contractor and paid flat rate with commission – Respondent argued applicant’s change in status response to fact respondent facing liquidation – Authority found status change not documented – Respondent argued withheld one week’s payment because believed applicant had stolen from respondent – Respondent did not dispute holiday pay outstanding – However, argued permitted applicant to keep proceeds from scrap metal sale which exceeded amount of holiday pay owed – Applicant disputed becoming contractor – Applicant denied existence of agreement that would keep proceeds of sale – Applicant noted respondent recorded sales in book which respondent had at investigation meeting – Respondent declined to produce book to Authority – Respondent argued required more time to prove applicant received proceeds – Authority proceeded to determine matter after no correspondence received within ten days – Authority found respondent in vulnerable position by operating business on cash basis and without documentation – Found in absence of wage and time records could not be satisfied respondent met holiday pay obligations – Found unable to accept applicant’s status changed from employee to contractor – Found applicant did not explain how two weeks wages owing when paid each week in cash – Found applicant entitled to arrears of one weeks wages and $3,620 holiday pay |
| Result | Application granted ; Arrears of wages ($500.00) ; Arrears of holiday pay ($3,620.40) |
| Main Category | Arrears |
| Number of Pages | 3 |
| PDF File Link: | aa 322_10.pdf [pdf 17 KB] |