| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 64 |
| Hearing date | 5 Dec 2012, 12 Feb 2013 |
| Determination date | 29 May 2013 |
| Member | M Ryan |
| Representation | D G Dewar, K Paterson ; T Clarke ; J Burley |
| Location | Wellington |
| Parties | Hadfield and Ors v Wainuiomata Shopping Centre Ltd and Anor |
| Other Parties | Meredith, Raukawa ; RCG Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Triangular employment relationship – Second respondent property manager – Respondents’ names used interchangeably in evidence – Management agreement between respondents terminated – Whether applicants employed by respondents jointly – Caretaker – Security officer |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Employment agreements expressly identified Wainuiomata Shopping Centre (“WSC”) as employer. WSC not recognised in law as having capacity to enter into contractual relations. WSC not employer. No steps taken to notify employees of change of employer when ownership of shopping centre changed. Evidence of salary payments neutral indicia. First respondent did not instruct staff or determine how staff managed. Applicants fully integrated into second respondent’s business. Second respondent directly managed activities associated with employment relationship. Second respondent authorised to enter into agreements as agent of first respondent. Applicants unaware of first respondent until after termination of employment. Second respondent did not discharge onus of making first respondent’s identity known. Second respondent unable to assign employment relationship to first respondent. First respondent did not share common control with second respondent. Applicant employed by second respondent. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s5;ERA s6(2);ERA s6(3);ERA s174;Interpretation Act 1999;Interpretation Act 1999 s29 |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622;Cuttance (t/a Olympus Fitness Centres) v Purkis [1994] 2 ERNZ 321;Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95;Golden Plains Fodder Australia Pty Ltd v Millard (2007) 99 SASR 461;Heritage Expeditions Ltd v Fraser (2011) 9 NZELR 142;Hutton v Provencocadmus Ltd (in rec) [2012] NZEmpC 207;McDonald v Ontrack Infrastructure Ltd [2010] ERNZ 223;Mehta v Elliott (Labour Inspector) [2003] 1 ERNZ 451;Orakei Group (2007) Ltd (formerly PRP Auckland Ltd) v Doherty (No 1) [2008] ERNZ 345;Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 |
| Number of Pages | 17 |
| PDF File Link: | 2013_NZERA_Wellington_64.pdf [pdf 278 KB] |