| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 7 |
| Determination date | 09 January 2015 |
| Member | E Robinson |
| Representation | A Twaddle ; A Russel, C English |
| Parties | Webber v Midlands Health Network Ltd and anor |
| Other Parties | Macaskill-Smith |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether second respondent should remain party to proceedings - Second respondent chief executive officer of first respondent - Whether e-mail from second respondent breached settlement agreement (SA") between applicant and first respondent - Director of nursing" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: SA indicated only two parties to agreement. First respondent would be vicariously responsible for second respondent's performance of duties. Second respondent not joined to proceedings automatically by filing response in Authority denying that named as respondent correctly. Second respondent's e-mail sent during worktime on behalf of first respondent. Second respondent not to be joined to proceedings. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | EAR r5;EAR r8(1);EAR r10;EAR r12;ERA s137(1);ERA s137(1)(a)(iii);ERA s137(2);ERA s138(2);ERA s149;ERA s149(3);ERA s149(4) |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_7.pdf [pdf 149 KB] |