| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 267 |
| Determination date | 09 August 2016 |
| Member | Anna Fitzgibbon |
| Representation | A Hope; E Burke |
| Parties | Ale v Kids At Home Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Application for joinder – COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Respondent had ceased trading and automatically removed from Companies Office Register. Respondent employer of applicant. No grounds to join sole director and shareholder as second respondent. Application for joinder dismissed.;COUNTERCLAIM – PRACTICE AND PROCEDURE: No grounds for strike out of proceedings. Application dismissed. |
| Result | Applications dismissed |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993;ERA s221 |
| Cases Cited | Ale v Kids At Home Ltd [2016] NZEmpC 26;Dymocks Franchise Systems (NSW) Pty Ltd v Todd (No 2) [2004] UKPC 39;NZ Medical Laboratory Workers Union Inc v Capital Coast Health Ltd [1998] 2 ERNZ 107 (EmpC);Salomon v A Salomon & Co Ltd [1897] AC 22 (HL) |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_267.pdf [pdf 157 KB] |