| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 426/08 |
| Determination date | 15 December 2008 |
| Member | D King |
| Representation | R Pool ; A Lubbe |
| Location | Auckland |
| Parties | Watkins v ANZ National Bank Ltd |
| Summary | JURISDICTION – Whether New Zealand (“NZ”) or British law applied – Whether New Zealand forum non conveniens – Applicant seconded to respondent’s London branch – Applicant dismissed in London – Applicant sought hearing of claim under Employment Relations Act 2000 – Authority found no express statement of applicable law in secondment letter – Found secondment letter provided NZ employment agreement (“EA”) governed applicant’s employment terms and conditions – Found secondment letter only temporary variation to NZ EA - Found secondment did not severe employment relations with New Zealand primary employer – Acknowledged place contract performed not determinative of applicable law – Found NZ law system of law with closest and most real connection to applicant’s employment – Found NZ law applicable - Found NZ forum non conveniens – Relative resources of parties and availability of videoconferencing favoured New Zealand – Found matter should be heard in NZ – Trade and Services Manager |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Clifford v Rentokil Limited [1995] 1 ERNZ 407 |
| Number of Pages | 8 |
| PDF File Link: | aa 426_08.pdf [pdf 28 KB] |