| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 157/10 |
| Determination date | 07 April 2010 |
| Member | V Campbell |
| Representation | A Taylor ; T Harris, D Martin |
| Location | Auckland |
| Parties | Kirk v Tregoweath, Harris & Martin t/a Zinc Intaste Restaurant |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Respondents Mrs Harris (“H”) and Ms Martin (“M”) denied any involvement in staffing matters for partnership – Respondents Mr and Mrs Tregoweath (“T”) declared bankrupt – Money owing to applicant unpaid – Partnership dissolved and H and M assumed all debts – Authority found at time partnership dissolved applicant’s claim known to parties and H and M assumed liability for applicant’s claim – Found partnership as whole liable for wrongful acts – Found T acted in capacity of partner with responsibility for dealing with staffing matters – Found T acted in ordinary course of business and deemed to have implied authority of other partners – Found respondent failed to comply with determination – Found application for compliance may be heard in Employment Court (“EC”) – Found EC able to impose penalties including imprisonment, fines and sequestration of property for continued non-compliance – H and M ordered to comply with determination |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | Insolvency Act 2006 s76(1);Partnership Act 1908 s7;Partnership Act 1908 s13 |
| Cases Cited | Proceedings Commissioner v Ali Hatem [1999] 1 NZLR 305 |
| Number of Pages | 3 |
| PDF File Link: | aa 157_10.pdf [pdf 13 KB] |