| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 298 |
| Hearing date | 1-Jul-15 |
| Determination date | 28 September 2015 |
| Member | Anna Fitzgibbon |
| Representation | M O'Brien ; R Towner |
| Location | Auckland |
| Parties | Segal v Infor (New Zealand) and Anor |
| Other Parties | Infor Global Solutions (ANZ) Pty Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – First respondent based in New Zealand - Second respondent based in Australia - JURISDICTION – Whether New Zealand forum conveniens to hear claim - Senior Manager |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Second respondent named as employer in relevant employment agreement (“EA”). Remuneration paid in Australian dollars. All leave entitlements expressed to be subject to relevant Australian legislation. EA stated to be subject to laws of state of Victoria. Parties never discussed transfer of applicant’s employment from second respondent to first respondent. Applicant never requested to be employed by first respondent after move to New Zealand. Applicant’s transfer to New Zealand not transfer of employment from second respondent to first respondent. Applicant employed by second respondent.;JURISDICTION: Applicant’s EA expressly subject to Victorian law. Employment Relations Act 2000 not an overriding statute with status of mandatory rules. Applicant employed under Victorian law. Applicant worked in both New Zealand and Australian following relocation. Fair Work Commission in Australia natural tribunal for determining claim. Many witnesses in Australia. Cost of travelling to Australia not prohibitive of applicant bringing claim. New Zealand not forum conveniens. No jurisdiction. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s174E;ERA s238;Minimum Wage Act 1983;HSE;Holidays Act 2003;Fair Work Act 2009 (Cth) |
| Cases Cited | Beal v Jardine Risk Consultants Ltd [1999] 2 ERNZ 54 (EmpC);Brown v New Zealand Basing Ltd [2014] NZEmpC 229, (2014) 12 NZELR 419;New Zealand Basing Ltd v Brown [2015] NZCA 168;Segal v Infor (New Zealand) [2015] NZERA Auckland 213 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_298.pdf [pdf 254 KB] |