| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/10 |
| Hearing date | 29 Jan 2010 |
| Determination date | 01 April 2010 |
| Member | R A Monaghan |
| Representation | C Bennett ; J Dowden (in person), no appearance |
| Location | Auckland |
| Parties | Lowndes v Dowden t/a Safeguard Security and Anor |
| Other Parties | Hibiscus Coast Security Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustified dismissal – Respondent claimed never employed applicant – Mr Dowden (“D”) traded as Safeguard Security (“S”) – Mr Preston (“P”) leased S and employed applicant – P not cited as party to employment relationship problem as overseas – D portrayed Hibiscus Coast Security Ltd (“HCSL”) as management company to support S – D argued employed by HCSL and S – Authority found not possible to be employed by S – Applicant offered employment by P – Applicant produced unsigned employment agreement in which S and HCSL were identified as employer and P named as general manager – Applicant’s wages paid by D trading as S – S and HCSL operated from registered office of HCSL – Found little evidence to identify differing legal entities or indicate employer was P – Found P not applicant’s employer – Found D trading as S and HCSL were applicant’s employers jointly – Found D’s approach to production of material unsatisfactory – Security patrol officer |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Private Investigators and Security Guards Act 1974 (PISG Act) |
| Number of Pages | 7 |
| PDF File Link: | aa 152_10.pdf [pdf 206 KB] |