| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 196/07 |
| Hearing date | 31 May 2007 |
| Determination date | 29 June 2007 |
| Member | R A Monaghan |
| Representation | J Maio (in person) ; M O'Connor |
| Location | Auckland |
| Parties | Maio v Effective Fencing Management Ltd t/a Upstairs Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to re-open investigation - Applicant sought to reopen three Authority determinations on grounds certain contents of decisions from other courts amounted to information not available to Authority at time of its investigation - Information concerned identity of employer - Decisions appeared to show various misrepresentations made, including to applicant when entered employment relationship - No permission from liquidator to proceed against company in liquidation, however Authority considered matter as concerned with identity of employer - Determinations applicant sought to reopen were challenged to Employment Court - Application before Court to join other company and its managing director as parties to challenges - Nothing to stop applicant raising issue of identity of employer during challenge or application for joiner - While allegations of misrepresentation new, could also be raised during challenge - Not appropriate or necessary for Authority to address or reconsider matters which could be addressed in course of challenge already properly before Employment Court - Would be inefficient and ineffective if reopened determinations were challenged - Application to reopen declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s248(1)(c) |
| Cases Cited | Chapman and Anor as liquidators of Upstairs Ltd (in lid) v Effective Fencing Ltd, unreported, Associate Judge Faire, 21 April 2005, CIV 2004-404-5905;Effective Fencing Management Ltd v Chapman and Anor as liquidators of Upstairs Ltd (in lid) [2007] NZCA 12;Maio v Effective Fencing Management Ltd unreported, YS Oldfield, 19 June 2003, AA 184/03;Maio and Anor v Effective Fencing Management Ltd unreported, YS Oldfield, 1 September 2003, AA 184A/03;Maio and Anor v Effective Fencing Management Ltd unreported, A Dumbleton, 19 April 2004, AA 131/04 |
| Number of Pages | 3 |
| PDF File Link: | aa 196_07.pdf [pdf 16 KB] |