| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 71/04 |
| Hearing date | 20 Feb 2004 |
| Determination date | 27 February 2004 |
| Member | R A Monaghan |
| Representation | VPJ Klaassen (Applicant in person) ; K Wicks |
| Location | Auckland |
| Parties | Klaassen v Supershine Cleaning Products Ltd and Ors |
| Other Parties | Supershine Cleaning Products (2003) Ltd, Tressider |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Applicant awarded lost wages and compensation against first respondent in Tribunal - Discovered first respondent struck off companies register prior to adjudication - Third respondent sole director of first respondent - Applied to lift corporate veil to find third respondent employer - No grounds to lift corporate veil as nothing to suggest first respondent's registration a sham - Third respondent sole director of newly registered second respondent - Second respondent separate entity to other respondents and all claims against it dismissed - No possibility of penalty against third respondent due to expiry of 12 month time limit - Matter dealt with as member of Tribunal |
| Result | Application dismissed ; No order for costs |
| Statutes | ECA First Schedule;ERA s252 |
| Cases Cited | Klaassen v Supershine Cleaning Products Ltd unreported, 3 July 2002, T Skinner, AT 113/02 |
| Number of Pages | 3 |
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