| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 50 |
| Hearing date | 14 Mar 2014 |
| Determination date | 01 April 2014 |
| Member | M B Loftus |
| Representation | A Taylor ; Grace Ginnane |
| Parties | Mahony v Industry Trade & Training Options Ltd |
| Other Parties | Industry Training & Consulting Ltd |
| Summary | COMPLIANCE ORDER - PRACTICE AND PROCEDURE - Applicant sought compliance with previous Authority determination - Applicant sought to join second respondent to proceedings - First respondent previously ordered to pay applicant arrears of wages and holiday pay, and penalty. First respondent struck from Companies Register when application for compliance order made - Second respondent registered by shareholder and director of first respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER - PRACTICE AND PROCEDURE: First respondent failed to comply with previous Authority determination. First respondent no longer existed and proceedings could not be brought against non-existent entity. Second respondent never employed applicant which did not exist when original cause of action arose. Second respondent not phoenix company as not placed in liquidation and significant differences between respondents. Applications dismissed. |
| Result | Applications dismissed ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Statutes | Companies Act 1993 s386B |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Christchurch_50.pdf [pdf 92 KB] |