Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2014] NZERA Christchurch 46
Hearing date 25 Mar 2014
Determination date 26 March 2014
Member M B Loftus
Representation M Douglas ; V Wollenweber
Location Christchurch
Parties Chand v Go Ezy Ltd and Anor
Other Parties GlobalCampers Ltd
Summary PRACTICE AND PROCEDURE - Identity of employer - Whether applicant's employment transferred to second respondent - First respondent ceased trading - Whether applicant's work performed for benefit of both respondents - Whether staff told first respondent to be wound up and entire operation taken over by second respondent
Abstract AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant's employment agreement identified first respondent as employer and letter confirming applicant's redundancy on first respondent's letterhead. Plan for first respondent to cease operating not implemented at time of applicant's dismissal. Applicant paid by first respondent and funds transferred to first respondent by second respondent to cover outgoings, including pay, consistent with management agreement between respondents. Applicant employed by first respondent.
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s65(2)(a)(i)
Number of Pages 4
PDF File Link: 2014_NZERA_Christchurch_46.pdf [pdf 93 KB]