| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 179/01 |
| Determination date | 16 November 2001 |
| Member | D King |
| Representation | H Fulton ; H Waalkens |
| Location | Auckland |
| Parties | Appu v Royal Tongan Airlines Ltd |
| Summary | JURISDICTION - Whether matter properly dealt with by New Zealand or Tongan Law - Applicable law not specified in contract of employment - Registered offices in Tonga and New Zealand - Entered into contract while resident of New Zealand - Position originally based in New Zealand - To relocate to Tonga eventually - Paid in New Zealand dollars into Tongan bank account - Fact that negotiations and signing of contract took place in New Zealand not to be given great weight - Majority of work performed in New Zealand - References to good employer obligations an indication that New Zealand law applicable - Whether New Zealand forum non conveniens - Principles to be applied - New Zealand forum conveniens - Protest to jurisdiction dismissed - Deputy general manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | Companies Act of Tonga 1995;ERA s238 |
| Cases Cited | Jardine Risk Consultants Ltd v Beal [2000] 1 ERNZ 405;Musashi Pty Ltd v Moore, Colgan J, 25 June 2001, [2001] ERNZ 394;Oilseed Products (NZ) Ltd v HE Burton Ltd (1987) 1 PRNZ 313;Redmond v DML Resources Ltd [1996] 1 ERNZ 448;Royds v FAI (NZ) General Insurance Co Ltd [1999] 1 ERNZ 820;Spiliada Maritime Corp v Cansulex Ltd (The Spiliada") [1986] 3 All ER 843" |
| Number of Pages | 6 |
| PDF File Link: | aa 179_01.pdf [pdf 24 KB] |