| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 102 |
| Hearing date | 1 Jul 2011 |
| Determination date | 13 July 2011 |
| Member | P Cheyne |
| Representation | G Downing ; J Levenbach |
| Location | Nelson |
| Parties | Chalmers v Donovan and Anor |
| Other Parties | Donovan |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Respondents claimed applicant employed by company not respondents personally – Respondents initially owned business in partnership but later transferred business to company which began employing all staff – Applicant claimed did not know or agree to change of employer – Respondents conveyed change to staff in business as usual fashion – Respondents claimed explained change at meeting – Authority found respondents less detailed in explanation than claimed but did announce business run by company – Applicant claimed no recollection of attending meeting – Found applicant probably present at meeting – Found no other steps taken by respondents to secure staff agreement to changed employment arrangements – Found applicant’s bank pay deposits made reference to company – Found applicant’s computer payslips noted company as payer – Found no change to employer recorded in employment agreement when applicant received pay increase – Found respondents made minimal reference to company in general dealings with business – Found applicant’s involvement in business not such that must or should have been aware of change – Found applicant employed by company not respondents at time grievances arose – Applicant claimed proceedings should be amended by substituting company for respondents – Found applicant had opportunities to include company to proceedings – Found appropriate to bring proceedings to end |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Colosimo v Parker (2007) 8 NZELC 98,622;Mehta v Elliot (Labour Inspector) [2003] ERNZ 451 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_102.pdf [pdf 21 KB] |