| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 197/09 |
| Hearing date | 27 Nov 2009 |
| Determination date | 14 December 2009 |
| Member | P R Stapp |
| Representation | G Ogilvie ; G Gowland |
| Location | Wellington |
| Parties | Dewsnap v Kapiti Technologies Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether respondent should be treated as employer – Employer went into voluntary liquidation – Liquidator did not consent to continue legal proceedings against employer – Authority found unable to proceed with applicant’s employment relationship problem against employer – Applicant wanted respondent treated as employer to conclude employment relationship problem – Respondent denied any involvement in employment relationship problem – Found respondent not applicant’s employer at time problem raised – Found respondent in same business and decision to liquidate not made to defeat claim involving applicant – Found existence of same directors in both companies not decisive – Authority relied on evidence from independent financial advisor – Found role of companies not decisive factor either – Found respondent did not set out to deliberately mislead Authority – Found decision to put employer into liquidation genuine – Found any delays not deliberately caused by respondent – Found matters raised to join employer not sufficient |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 5 |
| PDF File Link: | wa 197_09.pdf [pdf 28 KB] |