| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 11 |
| Hearing date | 22 Jul 2010 - 22 Sep 2010 (2 days) |
| Determination date | 12 January 2011 |
| Member | Y S Oldfield |
| Representation | R Julian (in person) ; P Teei |
| Location | Auckland |
| Parties | Julian v Glen Eden Mechanical & Tyres 2005 Ltd |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent argued applicant spent time in workshop in “social way” and may perhaps have been sub-contracted to another contractor, however, never employed by respondent – Applicant claimed hired and paid wages by respondent’s “owner” (“V”) – Claimed as far as knew was an employee – Applicant claimed paid with cash – Former co-worker (“H”) gave evidence to Authority – H’s evidence not disputed by respondent – Respondent emphasised applicant in business on own account although not charged for use of workshop – Found overall evidence did not support contention applicant performed work as sub-contractor – Found applicant an employee – ARREARS OF WAGES AND HOLIDAY PAY – Authority accepted hours worked, and payments, as set out in schedule – Arrears of wages and holiday pay owing |
| Result | Application granted ; Arrears of wages ($10,901.32) ; Arrears of holiday pay ($1,352.80) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_11.pdf [pdf 146 KB] |