| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 121/10 |
| Hearing date | 12 Apr 2010 - 13 Apr 2010 (2 days) |
| Determination date | 14 May 2010 |
| Member | H Doyle |
| Representation | J Horan ; R Davidson |
| Location | Christchurch |
| Parties | Tan v Wong & Anor |
| Other Parties | Asha Co Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to join first respondent’s company (“X”) as party to proceedings – Authority raised identity of applicant’s employer at early stage of substantive proceedings – Authority issued Minute proposing to join X - First respondent opposed joinder – First respondent argued “inherently unfair” to join X as Authority provided applicant earlier opportunities to join – Argued timing of joining exceeded six year limitation for any action for recovery of monies and doubted whether personal grievance raised to X within time – Applicant claimed pertinent to join X to resolve employment relationship problem – Claimed X applicant’s employer – Authority found applicant had an earlier opportunity to join but late application did not prevent joinder – Found joinder necessary to avoid expense and delay of separate proceedings as inevitable X would need to be joined – Found limitation issue for substantive determination - Authority directed X be joined as second respondent – Application granted – COSTS – First and second respondent sought reimbursement of costs of joinder proposal as applicant had earlier opportunity to join – Authority declined to order reimbursement as costs better dealt with following substantive determination |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s221 |
| Number of Pages | 5 |
| PDF File Link: | ca 121_10.pdf [pdf 20 KB] |