| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 94 |
| Determination date | 01 July 2014 |
| Member | D Appleton |
| Representation | M Elliott ; K Reid |
| Parties | Riyanto and ors v Dong Nam Co Ltd |
| Other Parties | 86 other applicants ; crew members on three South Korean flagged fishing vessels (Sur Este 700, 707 and 709) |
| Summary | PRACTICE AND PROCEDURE - Parties sought removal of matter to Employment Court (EC") - Whether important question of law likely to arise - Whether in all circumstances matter should be determined by EC - 87 crewmembers on South Korean flagged fishing vessels - Indonesian nationals - Applicants sought arrears of wages - Applicants claimed on-call for 24 hours per day, seven days per week while at sea and entitled to payment of minimum wage" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Previous Court of Appeal judgment set three tests to be used to assess whether sleepovers constituted work. Tests able to be applied to wide range of occupations and activities but work on fishing vessel of unique character not able to be compared easily with vast majority of occupations. Whether crewmember of vessel in New Zealand fisheries waters could be said to be on-call 24 hours per day, seven days per week while at sea and working for purposes of Minimum Wage Act 1983 important question of law likely to arise other than incidentally. Authority not set up logistically to manage multi-party investigation meeting requiring 25 days of evidence taking. Far more practicable for EC to handle matter of this kind. In all circumstances matter should be determined by EC. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2)(a);ERA s178(2)(d);Fisheries Act 1996;Fisheries Act 1996 s103;Fisheries Act 1996 s103(4);Minimum Wage Act 1983;Minimum Wage Act 1983 s6 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Idea Services Ltd v Dickson [2011] ERNZ 192 ; [2011] 2 NZLR 522;Law v Board of Trustees of Woodford House [2014] NZEmpC 25;Sealord Group Ltd v New Zealand Fishing Industry Guild Inc [2005] ERNZ 535;The New Zealand King Salmon Co Ltd v Cerny [2012] NZEmpC 195 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_94.pdf [pdf 163 KB] |