| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 314 |
| Determination date | 10 October 2017 |
| Member | E Robinson |
| Representation | C Horsley ; V Craw |
| Location | Auckland |
| Parties | Roberts v The Matua Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for joinder – Applicant sought to have respondent’s sole director and operations manager joined to proceedings as first and second respondents – Bar Tender Duty Manager |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE – No written employment agreement (“EA”) provided. Failure to provide EA serious omission. Contractual elements to create legal relations and consideration existed through interactions between applicant and proposed first and second respondents to create employment relationship. Applicant had reasonable belief that employment relationship existed. Payments provided to applicant from respondent occurred after termination of employment and did not address applicant’s understanding of the identity of employer during employment. Even where proposed first and second respondent acted as agents for respondent, appropriate to apply doctrine of undisclosed principle. Application for joinder granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s65 |
| Cases Cited | Cuttance (t/a Olympus Fitness Centres) v Purkis [1994] 2 ERNZ 321 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Auckland_314.pdf [pdf 235 KB] |