| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 129/10 |
| Hearing date | 19 Mar 2010 |
| Determination date | 19 March 2010 |
| Member | R Arthur |
| Representation | E Travers, K Travers (Applicants in person) ; B Gauld |
| Location | Auckland |
| Parties | Travers and Anor v Interiors By Sensation Ltd |
| Summary | PRACTICE AND PROCEDURE – Correct identity of employer – First and second applicants claimed respondent correct employer – Respondent argued Sensation Yachts Ltd (“SYL”) applicants’ employer at all material times – No dispute arrears of wages due and owing for applicants – Applicants initially employed by SYL – SYL in receivership - Applicants claimed respondent’s accountant (“X”) offered, and applicants verbally agreed, to transfer employment agreement (“EA”) to respondent – Applicants’ IRD documentation listed respondent as employer after date of alleged EA transfer – Second applicant’s affidavit stated second applicant employed by SYL at all material times – Second applicant claimed statement genuine error – Respondent argued no verbal EA transfer took place – Argued SYL’s payroll mistakenly recorded applicants’ employer as respondent to IRD – Argued no mistake made in second applicant’s affidavit – Authority found verbal EA transfer took place – Found respondent subsequently became applicants’ employer – Accepted second applicant made genuine error in affidavit – Accepted IRD documentation correct – Found respondent applicants’ employer – Leave reserved for applicants to seek orders for arrears of wages – COSTS – No order for costs |
| Result | Application granted ; Disbursements in favour of first and second applicants ($70)(Filing fee) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s131;ERA s159 |
| Number of Pages | 6 |
| PDF File Link: | aa 129_10.pdf [pdf 23 KB] |