| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 332 |
| Hearing date | 20-Oct_17 |
| Determination date | 20 October 2017 |
| Member | V Campbell |
| Representation | M McGlone ; S Wadworth |
| Location | Auckland |
| Parties | MPM Investments Ltd v Stewart |
| Summary | JURISDICTION – Whether respondent employee – RECOVERY OF MONIES – Applicant sought recovery of a loan – Director, Shareholder and General Manager |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Respondent employee of applicant’s subsidiary company. Respondent not in employment relationship with applicant. No joint employment arrangement. No jurisdiction. RECOVERY OF MONIES: Loan of a personal nature. Loan did not directly and necessarily concern an employment relationship. No recovery of monies. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s161;ERA s174E |
| Cases Cited | Hutton v Provencocadmus Ltd (in Rec) [2012] NZEmpC 207;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255;Ryan v Mason [2011] 2 NZLR 791 (HC) |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_332.pdf [pdf 155 KB] |