| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 12 |
| Hearing date | 18 Nov 2010 |
| Determination date | 28 January 2011 |
| Member | P R Stapp |
| Representation | B Paradza ; B Scotland |
| Location | Wellington |
| Parties | Nash v Business Capability New Zealand Society Inc |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Respondent claimed never employed applicant at any time – Applicant claimed respondent assumed responsibility over employment – Applicant advised position to be disestablished – Applicant claimed respondent no longer wanted to employ applicant – Chief Executive (“K”) of respondent partnership claimed not introduced to applicant as future boss – K claimed told applicant no decisions made about possible employment – K decided did not require applicant and informed Wellington Regional Chamber of Commerce Limited (“WRCC”) – K understood WRCC to be applicant’s employer – Applicant’s employment subsequently terminated by WRCC – Authority found respondent never employed applicant – Found documentation clearly established employment relationship with WRCC – Systems Administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Incorporated Societies Act 1908;Partnerships Act 1908 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_12.pdf [pdf 21 KB] |