| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 531 |
| Hearing date | 4 Nov 2011 |
| Determination date | 14 December 2011 |
| Member | R A Monaghan |
| Representation | A Haslam (in person) ; K Harris-Lassey |
| Location | Auckland |
| Parties | Haslam v Indigenous Trails Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed owed unpaid wages by respondent – Applicant claimed originally employed by Supa Travel Express (“STE”) – Applicant claimed STE directors provided instructions on work to do – STE struck off companies office register – Supa Travel Limited (“STL”) registered on companies office register same time as STE with same directors – STL director’s sister (“H”) became STL sole director – H also director and shareholder of respondent – Authority found arguable applicant employed by STL – H claimed STL insolvent and cancelled respondent’s passenger transport licences – Applicant claimed aware licences cancelled but not notified directly that employment terminated – H claimed unable to contact applicant to discuss closing of business – Found H took wrong approach in relying on expectation that applicant would be aware of closure through discussions with other drivers – Applicant accepted job offer from original directors of STL – H claimed no payments from clients for applicant’s work for original directors were deposited in respondent’s bank account – Found H not applicant’s employer in personal capacity – Found likely original directors became applicant’s employer when applicant accepted job offer – Found respondent not applicant’s employer when applicant did work which was subject of claim – No jurisdiction – Driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_531.pdf [pdf 18 KB] |