| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 131 |
| Hearing date | 29 Mar 2011 |
| Determination date | 01 April 2011 |
| Member | Y S Oldfield |
| Representation | C Bennett ; V Singh (in person) |
| Location | Auckland |
| Parties | Coventry v Singh t/a 4 Square Design |
| Summary | JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant was independent contractor not employee – Respondent did not provide written contract – Applicant never advised position was as contractor – Authority found applicant worked full time and paid hourly rate – Found applicant submitted timesheets rather than invoices – Found fact respondent planned to put applicant on trial period inconsistent with intention to make applicant contractor – Found applicant employee not independent contractor – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed made repeated requests for payment before finally deciding to leave employment – Found applicant put respondent on notice that was leaving employment because of ongoing underpayment – Found resignation amounted to constructive dismissal – Respondent claimed during notice period applicant became disruptive and failed to treat tools and materials with care – Respondent claimed dismissed applicant – Applicant claimed upset with employment situation but denied damaged tools – Authority preferred applicant’s evidence – Found early termination of employment unjustified – REMEDIES – Found applicant distressed because took pride in work and termination did not happen long after redundancy and father’s death – Found applicant only employed by respondent for very brief period of time and found other work quickly – $3,000 compensation appropriate – $1,350 reimbursement of lost wages appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid wages and holiday pay – Respondent did not dispute hours worked or that only part payment made – Respondent claimed monies withheld to cover costs of tool applicant damaged and substandard work – Found no evidence to support assertions – Applicant claimed did not receive any holiday pay – Found unpaid wages and holiday pay due and owing – Interest payable – Cabinet maker |
| Result | Application granted ; Reimbursement of lost wages ($1,350) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($5,367) ; Arrears of holiday pay ($629.36) ; Interest (8.4%) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Auckland_131.pdf [pdf 34 KB] |