| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 158/06 |
| Hearing date | 28 Mar 2006 |
| Determination date | 08 May 2006 |
| Member | J Wilson |
| Representation | A Russell ; N Dines |
| Location | Auckland |
| Parties | Baker v OSI International Foods (Australia) Pty Ltd |
| Summary | JURISDICTION – Whether appropriate jurisdiction for claim against respondent New Zealand or Australia - Applicant accepted regional management position with Australian branch of international organisation – Position based in Australia and employment agreement referred to Australian law – Several months later respondent indicated applicant to relinquish responsibilities for Australian operations and concentrate on New Zealand – Applicant opposed change – Issues eventually led to termination of employment – Applicant brought unjustified dismissal claim in Employment Relations Authority – By accepting contract for regional position applicant agreed to be employed by Australian company under Australian law – Applicant specifically rejected changes respondent subsequently sought to impose – Argument that changes formed new contract subject to New Zealand law rejected – Original contract applied at termination of employment – Any claim against respondent most appropriately pursued in terms of Australian employment law – Considering all circumstances including location of parties and witnesses and place of enforcement, appropriate forum for claim was Australian Courts – Argument that Authority should determine claim applying Australian law rejected – No jurisdiction to investigate claim – Regional manager |
| Result | Question answered in favour of respondent ; Costs reserved |
| Cases Cited | Musashi Pty Ltd v Moore [2002] 1 ERNZ 203 |
| Number of Pages | 6 |
| PDF File Link: | aa 158_06.pdf [pdf 34 KB] |