| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 293/06 |
| Hearing date | 13 June 2006 |
| Determination date | 14 September 2006 |
| Member | Y S Oldfield |
| Representation | F Sabbineni ; J Roberts |
| Location | Auckland |
| Parties | Wilson & Ors v Mr X Ltd & Ors |
| Other Parties | Hughes (Second Repsondent t/a Grace's Place Hunters Corner, Grace's Place Manurewa, The Owl Bar, The Rock Bar) |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - First respondent held licences and leases for premises where applicants worked and had “contracting bar agreement” with second respondent - Second respondent responsible for operation of bars and in business on own account - First respondent not consulted when staff hired and unaware of terms and conditions of employment - Second respondent received all takings and paid all expenses, including wages - Second respondent acknowledged initially engaged applicants on her own behalf - That was also understanding of some applicants, although others thought employed by first respondent, or respondents were partners - Payment of PAYE under name of first respondent simply device to hide fact second respondent operating without licence - Although applicants performed some tasks related to first respondent's gaming business not bulk of duties - Second respondent employer - First respondent removed as party to proceedings - Applicants related to second respondent and appeared may not want to proceed against her - No further action to be taken by Authority until advised of applicants' intentions |
| Result | Orders accordingly ; Costs reserved |
| Statutes | Companies Act 1993;Sale of Liquor Act 1989 |
| Number of Pages | 4 |
| PDF File Link: | aa 293_06.pdf [pdf 27 KB] |