| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 7/08 |
| Hearing date | 10 Sep 2007 - 26 Sep 2007 (3 days) |
| Determination date | 23 January 2008 |
| Member | J Crichton |
| Representation | B Fletcher ; S Boyce |
| Location | Blenheim |
| Parties | Havenleigh Global Services Ltd v Toeikrathok and Ors |
| Other Parties | Khaorsri, Ngampak, Boonsom, Khangsamrong, Khangsamrong, Khambut, Kanmika |
| Summary | JURISDICTION - Respondents Thai nationals employed by applicant to work in New Zealand vineyards - Applicant sought declaration various allegations made by respondents had no legal basis, and direction wage overpayment be returned - Respondents allegedly raised personal grievance in letter - Did not supply further and better particulars when requested - Applicant sought declarations as not able to obtain clarification of respondents’ claims and wanted matter resolved - Respondents said unjustifiably dismissed, unjustifiably disadvantaged and subject to unlawful duress - Also sought reimbursement of lost wages and denied overpayment - In terms of s158 Employment Relations Act 2000 (ERA"), only matter before Authority was statement of problem filed by applicant - No initiating application by Thai workers - Applicant’s statement of problem had to be genesis of Authority’s consideration of matter - Despite Authority’s wide power in ERA, unable to act ultra vires governing statute - Applicant sought to conclude dispute through Authority's processes - Abuse of process to allow such an outcome - Authority lacked jurisdiction to make declaration sought by applicant - Unable to offer applicant any other order or decision which could properly address concerns - Not persuaded respondents legitimately and properly raised personal grievance with applicant - Defect in personal grievance not perfected by evidence given to Authority - Authority not able to assist parties in resolution of employment relationship problem - Authority dismayed parties difficulties have been subject of comment in news media - Authority directed copy determination be made available to Secretary of Labour in order that Immigration Division be made aware of Authority’s concerns about Thai workers paying significant sums money to agencies in home country to obtain employment in New Zealand - Vineyard workers" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Declaratory Judgments Act 1908;ERA s157(1);ERA s158;ERA s160 |
| Number of Pages | 10 |
| PDF File Link: | ca 7_08.pdf [pdf 33 KB] |