| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 307/07 |
| Hearing date | 10 May 2007 |
| Determination date | 04 October 2007 |
| Member | D King |
| Representation | Booth, Gosnell (in person) ; no appearance |
| Location | Auckland |
| Parties | Booth & Anor v Medic One Services Ambulance Trust & Anor |
| Other Parties | Gosnell ; Medic One Services Ltd (in liquidation) |
| Summary | ARREARS OF WAGES – Identity of employer – Applicants alleged owed arrears by first respondent - Respondents alleged applicants employed by second respondent and no money owed – No appearance for respondents and they failed to comply with direction to mediation –Applicants employed before second respondent incorporated – Claimed employment changed after its incorporation – Correspondence indicated confusion on part of all parties regarding identity of employer – Email relied on by applicants made no reference to change or assignment of employment – No payment of outstanding entitlements at purported change of employer and no discussion of terms and conditions - Nothing signified applicants relinquished employment with second respondent and accepted new employment with first respondent – No request for them to do so, and no offer or acceptance - Mutuality of intent could not be said to exist – Applicants employed by second respondent, a limited liability company now in liquidation - Unable to recover from it any arrears that may be owed |
| Result | Application dismissed ; No order for costs |
| Main Category | Arrears |
| Cases Cited | Kruesi v Hamua Holdings Ltd [1992] 3 ERNZ 135;McManus v University of Otago [1985] ACJ 219;Mersey Docks & Harbour Board v Coggins & Griffith (Liverpool) Ltd [1947] AC;Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 1;Petherick v Wellfit Ltd unreported, 1 October 1986, CA84/84;Service Workers Union v Chan [1991] 3 ERNZ 15;Smith v Blandford Gee Cementation Co Ltd [1970] 3 All ER 154;Southern Distribution Workers Union v Tourist Souvenirs Ltd [1989] 1;NZILR 952;Wellington etc Local Bodies' Officers' IUOW v Feilding Borough Council [1983] ACJ 629 |
| Number of Pages | 9 |
| PDF File Link: | aa 307_07.pdf [pdf 30 KB] |