| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 220 |
| Hearing date | 27 May 2013 |
| Determination date | 31 May 2013 |
| Member | R Larmer |
| Representation | M Salt ; K Strudwick |
| Location | Auckland |
| Parties | Callaghan and Anor v Norterra Rural Resources Ltd |
| Other Parties | Greig |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicants employed by respondent or Samoan company – Applicants worked at resort in Samoa – Whether payments made by respondent on behalf of Samoan company – Respondent recovered salary expenses from Samoan company – Managers |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Respondent closely connected to Samoan company. Respondent paid applicants’ salaries. Applicants paid in New Zealand dollars. Applicants not put on notice Samoan law applied. Respondent only company identified in employment agreement. Applicants in different position to Samoan employees. Respondent represented itself as employer to third parties. Recovery of salaries by respondent from Samoan company not determinative. Respondent deducted PAYE. Respondent paid ACC costs. Reimbursement of applicants’ expenses by Samoan company neutral. Respondent expressly identified itself as employer. Sponsorship form identified respondent as employer. Second applicant agreeing to abide by Samoan law not conclusive of employer’s identity. Applicants employed by respondent. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 2001 (Samoa);Companies Act 2001 (Samoa) s338(c);Companies Amendment Act 2006 (Samoa);Labour and Employment Regulations 1973 (Samoa) |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_220.pdf [pdf 255 KB] |