| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 182A/07 |
| Determination date | 21 November 2007 |
| Member | V Campbell |
| Representation | D Jacobson ; R Bignall |
| Location | Auckland |
| Parties | Yang v Allen |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Previous determination found respondent unjustifiably dismissed and awarded remedies - Applicant now claimed respondent not employed by her personally, but by her company - Respondent opposed application - At no time had applicant suggested to either respondent or Authority she was not employer - Employment agreement identified employer as applicant, not company - Applicant assisted by Department of Labour interpreter - Applicant's submission had extremely poor grasp of English and had not communicated effectively with Authority on issue rejected - However, Authority could not rule out possibility of miscarriage of justice if investigation not reopened on narrow question of identity of employer |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Allen v Yang unreported, V Campbell, 19 June 2007, AA 182/07;New Zealand Waterfront Workers Union v Ports of Auckland Ltd [1994] ERNZ 604 |
| Number of Pages | 4 |
| PDF File Link: | aa 182a_07.pdf [pdf 23 KB] |