| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 8/09 |
| Hearing date | 16 Dec 2008 |
| Determination date | 12 January 2009 |
| Member | V Campbell |
| Representation | A Taylor ; no appearance |
| Location | Rotorua |
| Parties | Griffiths v Tregoweath & Ors t/a Zinc Innovation Intaste Restaurant |
| Other Parties | Tregoweath, Harris, Martin |
| Summary | PRACTICE AND PROCEDURE – Identity of respondent – No appearance for respondent – Applicant claimed at all material times employed by respondent and entitled to arrears – Respondent claimed employment relationship with company placed in liquidation – Applicant commenced work from home until company incorporated following month – Applicant managed business until resignation two years later - Company placed in liquidation following year – Authority found no employment agreement (“EA”) between parties when applicant commenced employment – Found if EA existed, respondent made EA in contemplation company would be formed – Found company ratified EA after incorporation by continuing applicant’s employment under s182(3) Companies Act 1993 (“CA”)– Found applicant aware company owned and operated business and therefore EA with company – Found without liquidators consent could not do anything more to consider applicant’s claim under s248 CA – Manager |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Companies Act 1993 s182(3);Companies Act 1993 s248 |
| Number of Pages | 3 |
| PDF File Link: | aa 8_09.pdf [pdf 34 KB] |