| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 348/02 |
| Determination date | 02 December 2002 |
| Member | D King |
| Representation | T Kurta ; M Quigg |
| Location | Auckland |
| Parties | Jelas v Downer Construction (Tonga) Ltd & Anor |
| Other Parties | Downer Construction (New Zealand) Ltd |
| Summary | JURISDICTION - Identity of employer - Whether employed by first respondent or second respondent - Whether matter to be heard in New Zealand or Tonga - First respondent was Tongan based subsidiary of second respondent - Second respondent was registered New Zealand company - Employment agreement named first respondent as employer - At time agreement signed first respondent remained unincorporated and its address was same as second respondent - Unincorporated company could not form binding agreement - Could not rectify agreement upon incorporation - Sufficient grounds to lift corporate veil and hold second respondent answerable - Agreement essentially formed by second respondent under guise of first respondent - Appropriate matter should be heard in New Zealand - Parties directed to mediation |
| Result | Orders accordingly ; Parties referred to mediation ; Costs reserved |
| Statutes | Companies Act 1955 s2(5) |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |