| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 214/01 |
| Determination date | 06 December 2001 |
| Member | R A Monaghan |
| Representation | R Oldham ; S Blackwell |
| Location | Auckland |
| Parties | Phillips v Computer Exchange Corporation (NZ) Ltd |
| Other Parties | Computer Exchange Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant director, shareholder and employee of company - Respondent formed and subsequently took over company - Next day applicant given letter of termination on grounds of redundancy - Failure to consult - No reason to doubt employment would continue - Likely that redundancy cover up for poor performance and incompatibility - Dismissal unjustified - Identity of employer - Whether employed by respondent or company - Never became employee of respondent - Whether appropriate to lift corporate veil - Respondent established for valid financial reasons - Whether employment by company concealed reality of employment by respondent - Respondent did not become applicant's employer - Any remedies lay against company - Order that company be joined as a party - Company not prejudiced in respect of ability to adduce evidence - Leave reserved for company to make submission on remedies - Service manager |
| Result | Orders accordingly ; Costs reserved |
| Cases Cited | Square 1 (One) Service Group Limited v Butler [1994] 1 ERNZ 667 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |