| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 203/10 |
| Hearing date | 4 Nov 2010 |
| Determination date | 20 December 2010 |
| Member | G J Wood |
| Representation | M Oliver ; K Brown |
| Location | Palmerston North |
| Parties | Oliver v Brown t/a Autoweb Solutions |
| Summary | ARREARS OF WAGES – JURISDICTION – Whether employee or independent contractor – Applicant claimed owed $1,070 for work completed for respondent – Respondent argued applicant never employee – Applicant applied for respondent’s vacancy posted by student job search service – Respondent argued did not offer applicant employment but contract at hourly rate – Applicant worked one step removed from clients and had no opportunity to profit from relationship with respondent other than fixed hourly rate – Subsequently respondent lost contract applicant working on and argued could not pay applicant for last 53.5 hours of work – Applicant declined to continue working for respondent until paid – Applicant also shut down website claimed was property of another who worked for respondent – Respondent argued website was own property – Subsequently applicant agreed wrong to take down website and site would be returned to respondent – Authority found no common intention as to what contract would apply – Found taxation arrangements non-existent – Found no evidence of industry practice – Found important way applicant approached offer of work – Found job described as permanent – Respondent argued used work as that completed by applicant to test suitability of people for employment – Found if work done with view to considering employment then work could be described as employment – Found degree of control by respondent over applicant more consistent with applicant being an employee – found integration test favoured finding applicant an employee – Found applicant integral part of respondent even though provided own business tools and worked off site – Found applicant an employee – Respondent ordered to pay applicant $1,070 arrears of wages |
| Result | Application granted ; Arrears of wages ($1,070) |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Cases Cited | Bryson v Three Foot Six (No 2) [2005] ERNZ 372;Tsoupakis v Fendalton Construction Ltd, unreported, Colgan CJ, WC 16/09, 18 June 2009 |
| Number of Pages | 7 |
| PDF File Link: | wa 203_10.pdf [pdf 37 KB] |