| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 83/10 |
| Hearing date | 11 Feb 2010 |
| Determination date | 06 April 2010 |
| Member | H Doyle |
| Representation | T Twomey ; J Goldstein |
| Location | Christchurch |
| Parties | Golding and Anor v Pye |
| Other Parties | Hammod |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Respondent made application to strike out and denied employed applicants – Owner of lodge where applicants employed was Alan Pye Family Trust – Respondent trustee and beneficiary of trust – Respondent claimed company incorporated to undertake management of lodge and employ staff – Authority found company incorporated at time of first meeting between parties – Found company incorporated for purpose of managing lodge and employing staff – Found supplies and services paid from company account – Found applicant’s paid from company account – Found unlikely respondent held out as employer during profit sharing discussion – Found respondent had nothing further to do with applicants after commenced employment – Found applicants employed by company not respondent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Colosimo v Parker [2007] 8 NZELC 98;Mehta v Elliott (Labour Inspector) [2003] ERNZ 451 |
| Number of Pages | 9 |
| PDF File Link: | ca 83_10.pdf [pdf 39 KB] |