| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 28 |
| Determination date | 28 January 2014 |
| Member | J Crichton |
| Representation | F Wood ; R Harrison, M Armstrong |
| Parties | Phibbs and Anor v Poutiri Community Practices Ltd and Ors |
| Other Parties | Wilson ; Poutiri Trust, Ringakaha Prime Care Ltd, Armstrong |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicants claimed employed by second respondent – Second respondent sole shareholder of first respondent – JURISDICTION – Whether Authority had jurisdiction to consider claim against fourth respondent – Medical practice sold to third respondent by first respondent – Fourth respondent director of second and third respondents – Applicants not pursuing claim against third respondent – General practitioners |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicants’ employment agreements with first respondent and salary paid by first respondent. Nothing to suggest decision to on-sell medical practice anything other than decision of directors of first respondent. No evidence of mutual agreement to change of employer. Use of corporate structure not pretence and first and second respondents materially different entities. Applicants employed by first respondent.;JURISDICTION: Fourth respondent never employer of applicants. No jurisdiction to consider claim against fourth respondent. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s6 |
| Cases Cited | Heritage Expeditions Ltd v Fraser (2011) 9 NZELR 142;New Zealand Seafarers’ Union Inc v Silver Fern Shipping Ltd (No 2) [1998] 3 ERNZ 786 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_28.pdf [pdf 169 KB] |