| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 14 |
| Determination date | 12 January 2016 |
| Member | James Crichton |
| Representation | C Mansell ; O Carton |
| Location | Auckland |
| Parties | Youssef v iP3 Systems Pty Ltd and Anor |
| Other Parties | iP3 Systems NZ Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – JURISDICTION – Whether New Zealand forum conveniens to hear claim – Employment agreement provided employment relationship governed by laws of New Zealand – CEO |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant’s superannuation entitlements and taxation arrangements were commensurate with Australian employment. Applicant employed by first respondent.;JURISDICTION: Argument for forum conveniens finely balanced. Despite provision in employment agreement, applicant was responsible for totality of Australian operations. Parties invited to make further submissions on matter. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Musashi Pty Ltd v Moore [2002] 1 ERNZ 203 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_14.pdf [pdf 158 KB] |