| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 49/07 |
| Hearing date | 29 Mar 2007 |
| Determination date | 30 March 2007 |
| Member | P R Stapp |
| Representation | B Kleinsmith ; no appearance |
| Location | Wanganui |
| Parties | Hunt v Williams Contracting Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent identified as trading name – Not a legal entity - Limited liability company existed with same name but nothing to do with employment relationship problem – Record of settlement signed by “Justin Mikkelsen” (“JM”) without expressing whom singing for and on behalf of - No appearance at investigation meeting by anyone associated with respondent – Attempts made to serve notice of investigation meeting and statement of problem on respondent through JM and Scott Williams (“SW”) – SW’s contact details appeared on respondent’s correspondence – Applicant proceeded without joining SW or JM and Authority chose not to summons them because if anything to do with matter could reasonably have expected them to appear voluntarily – No written employment agreement or pay slips identifying employer – SW could not be joined as not named party or signatory on record of settlement – In absence of written indication of JM’s authority on record of settlement unable to join him personally – Not enough evidence to suggest JM or SW actually trading as respondent – Applicant claimed employed by JM but no prior notice of this before investigation meeting to allow him to respond – Not safe to join JM to proceedings without notice – Mediator appeared to have accepted in good faith respondent was bona fide registered company – However, applicant had primary responsibility to establish correct legal entity – Record of settlement could not be enforced in present form - Copy of determination to be sent to Registrar of Companies and registered company with same name |
| Result | Application dismissed ; Orders accordingly ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Statutes | ERA s149 |
| Number of Pages | 6 |
| PDF File Link: | wa 49_07.pdf [pdf 32 KB] |