| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 14/07 |
| Determination date | 07 February 2007 |
| Member | R A Monaghan |
| Representation | M Bell ; R Clayton (in person) |
| Location | Christchurch |
| Parties | D & M Ashwell v Clayton |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Authority previously agreed to reopen investigation into whether applicants employed respondent in personal capacity or through their company (AHL") - AHL removed from register of companies - AHL owned and operated business where respondent worked - Accounting and tax information consistent with AHL as employer - No evidence applicants held themselves out as employer - Some weight given to fact respondent recognised possibility employed by a company - Cited AHL as employer when problem first filed - More likely than not AHL employer" |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Ashwell v Clayton unreported, RA Monaghan, 5 November 2004, CA 49A/04;Clayton v Ashwell and Anor unreported, H Doyle, 27 April 2004, CA 49/04;Colosimo and Anor v Parker unreported, Perkins J, 6 December 2006, AC 68/06 |
| Number of Pages | 3 |
| PDF File Link: | ca 14_07.pdf [pdf 17 KB] |