| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 360/06 |
| Hearing date | 10 Nov 2006 |
| Determination date | 28 November 2006 |
| Member | L Robinson |
| Representation | R Daunton (in person) ; S Porter |
| Location | Auckland |
| Parties | Daunton v Pacific Pine Chemicals Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Applicant accepted position with company to be formed and registered in Fiji, from director of respondent - Entered individual employment agreement (IEA") with respondent - Worked two months in New Zealand then moved to Fiji - Respondent claimed applicant employed by Fijian company as soon as moved - Fijian company not formed when applicant arrived - Could not have been employed by something that did not exist - Applicant not employed under pre-incorporation contract - Employment agreement with Fijian company not concluded - Respondent maintained time in New Zealand for training and induction only, but IEA not limited in any way - IEA expressly contemplated terms being operative in multiple locations and wording capable of including work in Fiji - IEA not terminated simply by arrival in Fiji or establishment of Fijian company, something more overt required, namely new employment agreement - Applicant remained employed by respondent under terms of IEA - JURISDICTION - Conflict of laws - Whether appropriate jurisdiction for claim New Zealand or Fiji - IEA expressly stated Employment Relations Act 2000 applied - New Zealand law applied to employment relationship problem - Authority had jurisdiction - General manager" |
| Result | Questions answered in favour of applicant ; Parties directed to mediation ; Orders accordingly ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 360_06.pdf [pdf 37 KB] |