| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 77 |
| Determination date | 09 June 2016 |
| Member | David Appleton |
| Representation | G Kelly ; J G Dykhoff (in person) |
| Location | Christchurch |
| Parties | Labour Inspector v Dykhoff |
| Summary | PRACTICE AND PROCEDURE – Applicant sought to bring claim against respondent personally |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Company against whom original judgment given in liquidation. Company unlikely to be able to pay in full. Respondent not director of company but evidence indicated respondent effectively running company. Respondent took part in Authority proceedings before liquidation. Respondent managed employees and paid them. Respondent officer of company. Leave to bring claim personally granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s137;ERA s223C;ERA s234;Employment Relations Amendment Act 2016 s35;Employment Relations Amendment Act 2016 Schedule 1AA cl3(7) |
| Cases Cited | Macrury v Cypress Villas Ltd [2015] NZEmpC 157 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Christchurch_77.pdf [pdf 173 KB] |