| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 54 |
| Determination date | 28 May 2014 |
| Member | P R Stapp |
| Representation | J McGuire l N Flint ; B Buckett |
| Parties | Bothwell v Manawatu Dance Academy Ltd and Ors |
| Other Parties | Phillips, Smith |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Second respondents sought to be struck off as parties to proceedings - Applicant claimed second respondents to take responsibility as directors - Lifting corporate veil |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Likely first respondent applicant's employer. Personal grievance must be heard to establish liability. grievance could only be brought against employer. Enforcement matters to be dealt with if applicant successful. No application before Authority for lifting corporate veil. Corporate veil could not be lifted until enforcement action arose. Any matter of enforcement required fresh application. Second respondents struck out of current claim unless applicant refined claim against second respondents. Application to strike out second respondents granted. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Northern Clerical Workers IUOW v Lawrence Publishing Company of New Zealand Ltd & Ors (1990) ERNZ Sel Cas 667; [1990] 1 NZILR 717 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Wellington_54.pdf [pdf 97 KB] |