| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 367 |
| Determination date | 03 September 2014 |
| Member | V Campbell |
| Representation | M Penny ; G Stone (second and fourth respondents) |
| Parties | Gardner and Ors v Platinum Health Ltd (in liq) and Ors |
| Other Parties | Bunnik-Anderson, Bates, Cooper, Thompson, Schnuriger ; Configure Express Ltd, Cooper, Peters |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Franchise agreement - First respondent announced intention not to be bound by franchise agreement - New company (C") established by franchisor to take over employment relationships" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Five applicants employed by first respondent prior to termination of franchise agreement. Fifth applicant employed by company (P") prior to termination of franchise agreement. Fact applicants paid by second respondent after termination of franchise agreement not determinative and arrangement put in place for administrative convenience. Mutual intention of parties that C would be employer. Applicants not employed by second respondent after termination of franchise agreement. Application against first respondent unable to proceed in absence of permission from liquidator. No evidence applicants employed by third of fourth respondents personally. Applicants employed by C after termination of franchise agreement." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s182;Companies Act 1993 s183;ERA s6 |
| Cases Cited | Hutton v Provencocadmus Ltd (in rec) [2012] ERNZ 566;Colosimo v Parker (2007) 8 NZELC 98,622;Golden Plains Fodder Australia Pty Ltd v Millard (2007) 99 SASR 461;McDonald v Ontrack Infrastructure Ltd [2010] ERNZ 223;Wilson v Bruce Wilson Painting & Decorating Ltd [2014] NZEmpC 83 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_367.pdf [pdf 118 KB] |