| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 286 |
| Determination date | 24 August 2016 |
| Member | Tania Tetitaha |
| Representation | I Hutchinson ; no appearance |
| Location | Auckland |
| Parties | Sami v Optimizer HQ Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or third party – No appearance for respondent |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Original employment agreement stated applicant employed by third party but later employment agreement stated applicant employed by respondent. Applicant employed by respondent. Respondent directed to file evidence about applicant’s arrears claim. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s5 ; ERA s6(1) ; ERA s6(2) ; ERA s6(3) ; ERA s160(1)(a) ; ERA Second Schedule cl12 |
| Cases Cited | Hutton v Provencocadmus Ltd (in receivership) [2012] NZEmpC 207, [2012] ERNZ 566 ; Mehta v Elliot [2003] 1 ERNZ 451 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_286.pdf [pdf 174 KB] |