| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 165/09 |
| Determination date | 01 October 2009 |
| Member | P Cheyne |
| Representation | F Birch, K Murray ; P Zwart, K Smith, S Hornsby-Geluk |
| Location | Christchurch |
| Parties | Holmes v Meta NZ Ltd & Ors |
| Summary | PRACTICE AND PROCEDURE – Applicant lodged application to join additional parties to proceedings – Respondent opposed joinder application – Employment Relations Authority 2000 does not permit personal grievance claims against persons not employee’s employer – Authority found personal grievance proceedings only against respondent – Applicant argued claim against respondent’s assets – Found claim against respondent, not assets – Found separate legal personality between respondent and additional parties – Found additional parties not affected by orders sought so should not be joined – Parties joined for purpose of dealing with costs in defending application |
| Result | Application dismissed ; Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s4A;ERA Part 9;ERA s101(b);ERA s103(1);ERA s103A;ERA s114;ERA s133(1)(b);ERA s148;Companies Act 1993 s23(4)(b);Fair Trading Act 1986 s9;FTA s12;Health and Safety in Employment Act 1992 |
| Cases Cited | Auckland Regional Services Trust v Lark [1994] 2 ERNZ 135;Daganayasi v Minister of Immigration [1980] 2 NZLR 130;Lee v Lee’s Air Farming Ltd [1961] NZLR 325;Northern Clerical IUOW v Lawrence Publishing Co of NZ and John Tony Holdings Ltd & Anor [1990] 1 NZILR 717;Trevor Ivory Ltd v Anderson [1992] NZLR 517 |
| Number of Pages | 7 |
| PDF File Link: | ca 165_09.pdf [pdf 23 KB] |