| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 135/10 |
| Hearing date | 7 Jul 2010 |
| Determination date | 27 August 2010 |
| Member | G J Wood |
| Representation | S Emslie ; M Guy |
| Location | Wanganui |
| Parties | Hunt v Kalilands Ltd t/a K & M Dinners |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Authority found real nature of relationship was employer and employee – Found applicant brought no tools to business, had little or no discretion as to how work carried out, required to carry out work and subject to significant control by respondent – Found applicant not in business on own account – Found fact respondent ceased trading no relevance to determination – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed underpaid throughout employment and sought $1,006 wages and $181 holiday pay – Respondent claimed applicant paid all money due but many payments in cash and did not appear in records – Respondent claimed holiday pay included in hourly rate – Respondent failed to supply statement in reply – Respondent failed to respond to calls from Mediation Service – Respondent failed to provide wage and time records, bank statements and records of cash transactions – Found respondent incorrect about existence of payments under table – Found if holiday pay included in hourly rate then in breach of minimum wage – Found on balance of probabilities respondent failed to pay applicant perhaps for reasons of cash flow – Wages and holiday pay due and owing |
| Result | Application granted ; Arrears of wages ($1,006.27) ; Arrears of holiday pay ($181.75) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 |
| Number of Pages | 3 |
| PDF File Link: | wa 135_10.pdf [pdf 17 KB] |