| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 275 |
| Determination date | 01 July 2014 |
| Member | A Fitzgibbon |
| Representation | S Scott ; A Bennett |
| Parties | Niezen v Greestone Grazing Group LP |
| Summary | JURISDICTION - Whether New Zealand law applied to parties employment relationship problem - Whether New Zealand appropriate forum to hear applicant's claim - Forum conveniens - Employment agreement formulated and agreed in New Zealand but signed in United States (US") - Applicant worked in Georgia, US - Paid in US dollars to US bank account - Respondent limited partnership established and maintained in US" |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No reference to governing law in employment agreement. Place of performance increasingly recognised as appropriate location to resolve employment disputes. New Zealand law did not apply to employment relationship. Georgia had most real and substantial connections with the applicant's case and is the natural forum to pursue any claim. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Jardine Risk Consultants Ltd v Beal [2000] 1 ERNZ 405;Niezen v Greestone Grazing Group LP [2014] NZERA Auckland 121 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_275.pdf [pdf 280 KB] |