| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 241 |
| Hearing date | 7 Jul 2015 |
| Determination date | 11 August 2015 |
| Member | R Larmer |
| Representation | B Wood ; S Barter |
| Location | Auckland |
| Parties | Hayes v Stone |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Lifting corporate veil - ARREARS OF WAGES – Applicant sought arrears of wages – BREACH OF CONTRACT – PENALTY – GOOD FAITH – Applicant sought penalties for respondent’s breach of good faith and breach of employment agreement (“EA”) as Marketing and communications manager |
| Abstract | AUTHORITY FOUND –JURISDICTION: Respondent did not make offer of employment in personal capacity to applicant. Company of which respondent is director made offer of employment. EA as amended stated company employer. Respondent signed EA on behalf of company. Applicant consistently acted with belief that company employer. Applicant not employed by respondent. Not appropriate to lift corporate veil as employer company struck off so no legal entity to have veil lifted. No jurisdiction.ARREARS OF WAGES: No jurisdiction. No arrears of wages.BREACH OF CONTRACT: No jurisdiction. No breach of contractPENALTY-GOOD FAITH: No jurisdiction. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s4(2);ERA s4(2)(a);ERA s5;ERA s6;ERA s6(1)(a);ERA s6(2);ERA s6(3) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_241.pdf [pdf 237 KB] |