Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 308/04
Hearing date 23 Sep 2004
Determination date 23 September 2004
Member L Robinson
Representation T Oldfield ; R Oldham
Location Auckland
Parties Jafa Cafe Services Ltd v Rossiter
Summary PRACTICE AND PROCEDURE - Application to strike out statement in reply - JCL and JCSL companies incorporated on same date with same registered address and directors - Application filed on behalf of JCL alleging respondent committed theft as a servant - Respondent lodged statement in reply 1 day late - Respondent filed personal grievance against JCSL - JCSL's director filed application to strike out respondent's statement in reply on ground that JCSL was respondent's employer rather than JSL - Respondent's time for filing statement of reply extended - Appeared that JCSL was respondent's employer - JCL's application rather than respondent's reply liable to be struck out - Formal order amending intituling of JCL's application substituting JCSL as applicant - Order to strike out declined
Result Application dismissed ; No order for costs
Statutes ERA s157;ERA s219
Number of Pages 4
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