| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 61 |
| Determination date | 11 May 2015 |
| Member | D Appleton |
| Representation | R M Thompson ; P McBride |
| Parties | Ali v Abhisek Quality Foods Ltd |
| Summary | PRACTICE AND PROCEDURE – Determination of preliminary issue – Applicant sought to have respondent’s directors joined to proceedings – Applicant sought summary judgment and order stating directors to guarantee that respondent would pay any awards – Lifting corporate veil - No appearance for respondent - Chef |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE – Employment agreement (‘EA”) signed by respondent’s director and stated to be on behalf of respondent. EA indicated employment relationship between applicant and respondent. Immigration letter stated respondent to be employer. Applicant employed by respondent. No reason to pierce corporate veil as normal for directors to be involved in day to day running of small business. Applicant failed to make out grounds for directors to be joined. Serious breach of natural justice for Authority to determine matter without presence of respondent. No jurisdiction for Authority to order directors to guarantee that respondent company would pay any awards. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(2);ERA s157;ERA s161;ERA s221;Companies Act 1993;Companies Act 1993 s15 |
| Cases Cited | New Zealand Seafarers’ Union v Coastal Tankers Ltd [1998] 3 ERNZ 786 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_61.pdf [pdf 227 KB] |