| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 120 |
| Hearing date | 5-Apr-16 |
| Determination date | 21 April 2016 |
| Member | Rachel Larmer |
| Representation | N Santesso ; M Colhart |
| Location | Auckland |
| Parties | Hemmingson v Matthew Russell Andrew Swan t/a Barkers Groom Room & Anor |
| Other Parties | Men's Grooming Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent - Hairdresser |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Evidence on balance of probabilities identifies first respondent as employer. Even if first respondent not employer, doctrine of undisclosed principal allows applicant to pursue first respondent as employer. Applicant employed by first respondent. Second respondent removed from proceedings. |
| Result | Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s6;ERA s65 |
| Cases Cited | Cuttance (t/a Olympus Fitness Centres v Parkis) [1994] 2 ERNZ 321 (EmpC);Ingham v Swan t/a Mensworks [2015] NZERA Auckland 101 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_120.pdf [pdf 168 KB] |