| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 38 |
| Determination date | 10 February 2016 |
| Member | Anna Fitzgibbon |
| Representation | S Laurent ; no appearance |
| Location | Auckland |
| Parties | Singh v Corporate Energy Ltd (in Liquidation) formerly known as Corporate Energy Ltd t/a Caltex Glenbrook |
| Summary | PRACTICE AND PROCEDURE – Application for strike out and joinder of parties – Employer in liquidation - No appearance for respondent |
| Abstract | AUTHORITY FOUND-; PRACTICE AND PROCEDURE: Directors of first respondent negotiated employment with applicant and gave evidence at prior Authority hearing. Without joinder, applicant unable to proceed with personal grievance and prior Authority determination irrelevant. Liquidator may have been appointed to avoid liability for first respondent. First respondent struck out as party and directors of respondent to be joined. Application for strike out and joinder granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s221;ERA s221(a);ECA s140 |
| Cases Cited | Auckland Regional Services Trust v Lark [1994] 2 ERNZ 135 (CA);Singh v Corporation Energy Ltd t/a Caltex Glenbrook [2015] NZERA Auckland 152;Corporation Energy Ltd v Singh [2015] NZEmpC 218 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_38.pdf [pdf 235 KB] |