| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 170/08 |
| Hearing date | 11 Nov 2008 |
| Determination date | 19 November 2008 |
| Member | P Cheyne |
| Representation | W Kerr ; J Goldstein |
| Location | Christchurch |
| Parties | Stanners v CFGNZ Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant lodged statement of problem identifying respondent as respondent for current proceedings – Respondent argued never had contractual relationship with applicant – Respondent also argued contractual relationship existed between applicant and another entity (“S”) – Authority noted agreement reached between parties could have simply amended named respondent – Applicant argued employed by both S and respondent – Authority found respondent parent company of S – Authority found even if agreement for respondent to manage S not reason to attribute to respondent S’s rights and responsibilities – Authority found respondent not party to any contractual relationship with applicant – Found evidence showed applicant thought contracting with S – Authority concluded whatever nature of relationship was with S – COSTS – Applicant argued acted in good faith and still considered respondent was proper employer – Applicant sought costs be reserved pending challenge to Authority determination – Authority accepted good faith claim but found no reason to depart from usual rule that costs to follow event – Authority ordered applicant to pay respondent $500 contribution to costs |
| Result | Orders accordingly ; Costs in favour of respondent ($500) |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | ca 170_08.pdf [pdf 19 KB] |