| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/08 |
| Hearing date | 31 Jan 2008 |
| Determination date | 20 February 2008 |
| Member | Y S Oldfield |
| Representation | M Ryan ; M Dew |
| Location | Auckland |
| Parties | Davidson v Y3K Energy Pty Ltd & Anor |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Triangular employment – First respondent registered in Australia - Second respondent registered in New Zealand (“NZ”) and wholly owned subsidiary of first respondent – “K” director of both respondents – Second respondent ceased trading and appeared insolvent – Applicant shareholder, director and initially full time employee of first respondent – Full time role not sustainable so applicant accepted offer of “temporary caretaker role” managing second respondent – Applicant claimed would return to work in Australia after temporarily managing NZ business - Applicant claimed employed by first respondent – Respondents argued fixed term employment with second respondent – Respondents argued applicant paid by second respondent and paid NZ tax – Applicant argued employment agreement (“EA”) named first respondent as employer – Authority found insufficient evidence to depart from express terms of EA – Found no ambiguity or inconsistency in plain meaning of EA - Found not credible to suggest K simply made mistake in drafting – Found EA provisions consistent with applicant being employed by Australian company to work in NZ – First respondent employer – Investigation of substantive issues to proceed |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Colosimo and Anor v Parker (Unrep, Perkins J, 6 Dec 2006, AC 68/06) |
| Number of Pages | 10 |
| PDF File Link: | aa 54_08.pdf [pdf 945 KB] |