| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 147 |
| Hearing date | 20-Oct-16 |
| Determination date | 02 December 2016 |
| Member | M Loftus |
| Representation | M Woodfield (in person) ; K Howard (in person) |
| Location | Wellington |
| Parties | Woodfield v Howard |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by respondent or company (“D”) |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Respondent played no part in formation of employment. Applicant primarily worked for and paid by D. If applicant prepared employment agreement, applicant would have identified D as employer. Intention that D be employer. Applicant originally employed by D. No subsequent agreement to change that. Applicant employed by D, not respondent. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622 ; Mehta v Elliott [2003] 1 ERNZ 451 (EmpC) ; Mawley v Jorgensen ERA Wellington WA120/09, 28 August 2009 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_147.pdf [pdf 100 KB] |