Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 120/05
Determination date 15 July 2005
Member P R Stapp
Representation G Irwin ; D Jacobson
Location Wellington
Parties Douglas v Black
Summary PRACTICE AND PROCEDURE - Identity of employer - Application by applicant against respondent personally - Whether respondent was applicant's employer - Respondent applied for proceedings to be struck out because he was never personally applicant's employer - More than likely that company not respondent was employer - No evidence that respondent attempted to avoid any of the company's obligations towards applicant or that company set up as a sham - Applicant could not proceed against respondent personally since such action could only be taken by Labour Inspector and was no Labour Inspector involved - Could not proceed against company since in liquidation - Application by applicant dismissed
Result Application dismissed ; Costs reserved
Number of Pages 3
PDF File Link: wa 120_05.pdf [pdf 11 KB]