New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Grossing up net payments for earnings assessment
  • 9 Jun 2003

    Leech v Accident Compensation Corporation

    Citation
    [2003] NZACC 110
    Court
    District Court

    The court found on the evidential record that the appellant was an employee of Ratoa Partnership; employer failure to remit PAYE does not change that status and ACC must include the total payments made by the employer and may gross up the net payments as if source deductions had been made, resulting in relevant earnings of $14,100 net grossed to $18,547.60 for assessment of weekly compensation.

    • Worker status (employee v contractor)
    • Calculation of weekly earnings
    • Source deductions / paye obligations
    • Grossing up net payments for earnings assessment