| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/10 |
| Hearing date | 2 Sep 2010 |
| Determination date | 02 September 2010 |
| Member | P R Stapp |
| Representation | M Kotuhi (in person) ; no appearance |
| Location | Wellington |
| Parties | Kotuhi & Ors v Hemi Kiro Pou t/a Kahukura Plastering Systems |
| Other Parties | Kapene, Campbell |
| Summary | JURISDICTION – Whether employees or independent contractors – No appearance for respondent – Authority found applicants were labour only contractors – Found applicants received fortnightly labour only sub-contractors payslips – Found although payslips referred to applicants as employees, withholding tax deducted from gross earnings – Found applicants previously worked as labour only contractors – Found applicants understood nature of engagement and had no claim as employees – Found no jurisdiction – Authority unable to reimburse filing fee |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s159;ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | wa 139_10.pdf [pdf 14 KB] |