| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 319/06 |
| Hearing date | 28 Jun 2006 |
| Determination date | 12 October 2006 |
| Member | R A Monaghan |
| Representation | T Oldfield ; A Heward |
| Location | Auckland |
| Parties | Hardy v Scoopy's Ice Cream Parlour Ltd & Anor |
| Other Parties | Scoopy's Holdings Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for joinder - Applicant applied to have proposed second respondent (SHL") joined as party to grievance proceedings - Whether corporate veil should be lifted - First Respondent ("SICPWL") operating employer - Applicant aware directors ("Aitkens") of SICPWL looking to sell - SICWPL ceased trading, assets and business sold to SHL - Aitkens shareholders in SHL along with ("B") - B sole director and majority shareholder in SHL - SHL not in existence during applicant's employment - Applicant argued SHL and SICPWL one economic unit, that SICPWL controlled by SHL and carrying out business as subsidiary of SHL - Authority found no evidence of ongoing association in nature of corporate group between SICPWL and SHL - SHL not parent of SICPWL, merely purchased assets and business leaving SICPWL an inoperative shell - No evidence SHL incorporated to avoid obligation SICPWL might have to applicant - Accounts supported proposition genuine reason for sale - Joinder refused - Merits of grievance to be investigated" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Square 1 Service Group Limited v Butler [1994] 1 ERNZ 667;NZ Seafarers IUOW v Silver Fern Shipping Limited (No 2) [1998] 3 ERNZ 786;NZ Seamen's IUOW v Gearbulk Shipping (NZ) Limited [1990] 1 NZILR 688 |
| Number of Pages | 4 |
| PDF File Link: | aa 319_06.pdf [pdf 24 KB] |