| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 63/08 |
| Determination date | 28 February 2008 |
| Member | V Campbell |
| Representation | D Jacobson ; R Bignall |
| Location | Auckland |
| Parties | Yang v Allen |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – In earlier determination Authority found respondent unjustifiably dismissed – Applicant sought reopening of investigation on grounds that proper employer in earlier determination not applicant personally but company (“LS Ltd”) – Authority granted application for re-opening on basis possibility of miscarriage of justice if question not answered – Applicant claimed poor English reason did not effectively communicate to Authority in lodging earlier claim who actual employer was – Authority noted failure to notify or make employee aware not conclusive in determining this type of case – Applicant claimed respondent knew identity of employer from bank statements and registration of premises certificate displayed at workplace – Authority found applicant’s evidentiary documents of limited probative value as no evidence respondent viewed documents – Respondent argued employment agreement (“EA”) identified employer as applicant personally, however, no EA available for Authority to view – Authority satisfied documentation provided identified applicant as operating business at all times as limited liability company – Authority found no evidence to show respondent had seen or heard any reference to LS Ltd during employment – Authority accepted respondent’s undisputed evidence that EA signed identified employer as applicant and not LS Ltd – Authority found even if applicant intended that respondent be employed by LS Ltd likely that existence of LS Ltd never disclosed to respondent – Authority confirmed orders made in Allen v Yang unreported, V Campbell, 28 February 2008, AA 63/08 |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | NZ Insurance etc IUOW v Parsons and Hobdell (t/a The Insurance Centre) [1988];NZILR 547;Cuttance v Purkiss [1994] 2 ERNZ 321;Cowan v Baggstrom unreported, Shaw J, 13 July 1999, WC 39/99;Macdonald v Gifkins t/a Grey Lynn Veterinary Clinic and Anor unreported, R Arthur, 22 February 2008, AA 59/08 |
| Number of Pages | 4 |
| PDF File Link: | aa 63_08.pdf [pdf 31 KB] |