| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 457/10 |
| Hearing date | 8 Oct 2010 |
| Determination date | 22 October 2010 |
| Member | A Dumbleton |
| Representation | B Webb (in person) ; Z Khan |
| Location | Auckland |
| Parties | Webb v Professional Relief Services Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Applicant paid monthly and did not render invoices for payments – Applicant supplied with van and fuel card – Applicant wore company’s corporate dress – Applicant required to report to despatch centre at same time each day – Applicant paid same daily amount – Authority found intentions of parties of little assistance – Found control imposed by company that contracted respondent for services – Found applicant fully integrated into respondent’s business – Found applicant employed in employment relationship by respondent – ARREARS OF HOLIDAY PAY – Applicant claimed not paid holiday or sick pay for duration of employment – Found holiday pay due and owing – Found no information provided to support claim for sick pay – UNJUSTIFIED DISMISSAL – Applicant summarily dismissed – Respondent relied on instances of poor driving and complaints from public and customers to justify dismissal – Found complaints received about applicant’s driving – Found no written warnings given – Found respondent acted spontaneously and decided to end relationship with applicant – Found no opportunity for applicant to provide explanation and no consideration given to other disciplinary measures – Dismissal unjustified – REMEDIES – 10 percent contributory conduct – $7,700 reimbursement of lost wages appropriate – $3,000 compensation appropriate – Courier driver |
| Result | Applications granted ; Reimbursement of lost wages ($7,700) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay ($8,147.70) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s6;ERA s103A |
| Cases Cited | Bryson v Three Foot Six Ltd [2005] 3 NZLR 721;Poulter v Antipodean Growers Ltd [2010] NZEMPC 77 |
| Number of Pages | 7 |
| PDF File Link: | aa 457_10.pdf [pdf 28 KB] |