| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 28 |
| Hearing date | 3-Mar-16 |
| Determination date | 11 March 2016 |
| Member | David Appleton |
| Representation | M Johnstone ; L Lasek, S Stapleton |
| Location | Christchurch |
| Parties | Johnstone v Lasek and Ors |
| Other Parties | Stapleton, Trade Assist Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondents |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s employment agreement stated applicant employed by liquidated company (“LL”). First and second respondents, directors of LL, never employed applicant in personal capacity. No reason to lift corporate veil. Third respondent not obliged to take on all employees of LL. Applicant not employed by respondents. No jurisdiction. |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s4(2);ERA s5;ERA s162;ERA s162;Companies Act 1993 s248;Contracts (Privity) Act 1982 s7 |
| Cases Cited | Lee v Lee’s Air Farming Ltd [1961] NZLR 325 (PC);Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [2012] NZEmpC 86, [2012] ERNZ 145 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Christchurch_28.pdf [pdf 218 KB] |