| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/08 |
| Hearing date | 23 Jan 2008 |
| Determination date | 23 January 2008 |
| Member | Y S Oldfield |
| Representation | SB Timmo (in person) ; J Wilcox |
| Location | Auckland |
| Parties | Timmo v Old Panelrok Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Shortly after applicant began work person who engaged him (DT) passed away - Applicant advised by business associates of DT there was no longer a job for him and ceased work immediately - Applicant advised of vacancy by WINZ - Met with DT and started work in factory operated by company co-owned by DT - Other co-owner a director and shareholder of other companies, including respondent - Administrator claimed when applicant hired was told by DT would not be employed by company and he would sort out payment of wages - Business associates understood DT hired applicant personally as planning new business arrangement - Respondent not applicant’s employer - Uncontested evidence it never operated business let alone hired staff - Claims against it dismissed - Authority accepted DT employed applicant personally - Authority minute detailing origin of identity issue and witness summons attached - Factory worker |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 7 |
| PDF File Link: | aa 21_08.pdf [pdf 25 KB] |