| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3A/06 |
| Determination date | 27 July 2006 |
| Member | R Arthur |
| Representation | K Nicolson ; H Kelly |
| Location | Auckland |
| Parties | Woodhouse v Bond St 2004 Ltd t/a Bond Street Lodge |
| Summary | PRACTICE AND PROCEDURE - Application for joinder - Applicant alleged not paid remedies awarded by Authority because respondent claimed it had no funds or assets - Employment agreement gave employer parties as Oyster Investments Ltd (OIL") and respondent - Applicant submitted also employed by OIL and sought order joining it to proceedings for purpose of enforcing remedies and costs - Authority able to join a party to more effectually dispose of any matter before it - OIL submitted could not be joined as party when matter already determined - Authority accepted s221 Employment Relations Act 2000 did not appear to apply after determination issued - Argument generally at that point Authority functus officio - Whether to reopen investigation - Authority did not consider applicant's difficulty enforcing determination to be sufficient ground to reopen investigation - Applicant knew of OIL at time of original application - Whether OIL applicant's employer and whether grievance raised with it matters of evidence - It may be applicant could file application against OIL - If OIL insisted was not same party or privy as respondent it could not resist claim as matter which was res judicata - If OIL was employer then investigation need not revisit all evidence regarding dismissal - Actions of director and agent may be subject to issue estoppel - Availability of alternative means to pursue claim confirmed Authority's view no likely miscarriage of justice in not treating application for joinder as application to reopen - General Manager" |
| Result | Application dismissed : No order for costs |
| Statutes | ERA s114(6);ERA s137;ERA s221;ERA Second Schedule cl4 |
| Cases Cited | Ports of Auckland Ltd v NZ Waterfront Workers Union [1995] 2 ERNZ 85;Woodhouse v Bond St 2000 Ltd t/a Bond Street Lodge unreported, R Arthur, 27 September 2005, AA 319/05;Woodhouse v Bond St 2000 Ltd t/a Bond Street Lodge unreported, R Arthur, 13 December 2005, AA 319A/05;Woodhouse v Bond St 2004 Ltd t/a Bond Street Lodge unreported, R Arthur, 11 January 2006, AA 3/06 |
| Number of Pages | 4 |
| PDF File Link: | aa 3a_06.pdf [pdf 20 KB] |