Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 109/10
Determination date 05 May 2010
Member J Crichton
Representation P O'Sullivan (Applicant in person) ; M Sinclair, P Kapua
Location Christchurch
Parties Pivott and Anor v Southland Adult Learning Programme and Anor
Other Parties O'Sullivan, Literacy Aotearoa Inc.
Summary PRACTICE AND PROCEDURE – Applicants claimed unjustifiably disadvantaged and unjustifiably dismissed by first respondent with active complicity of second respondent – Applicants sought leave to join all named parties and order for discovery of documents relevant to proceeding – Authority concerned exclusively with joinder and discovery to be dealt with separately – Second respondent argued absence of cause of action – Found no employment relationship between applicants and second respondent and therefore no jurisdiction to involve second respondent – Found no practical, legal or ethical basis on which second respondent could be joined to proceedings – Found respondents autonomous – Authority declined to join second respondent to proceedings
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Number of Pages 3
PDF File Link: ca 109_10.pdf [pdf 17 KB]