| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/09 |
| Determination date | 28 August 2009 |
| Member | P R Stapp |
| Representation | S Dyhrberg ; M Quigg |
| Location | Wellington |
| Parties | McNabb v Pertronic Industries Ltd and Anor |
| Other Parties | Pertronic Trading (Shanghai) Company Ltd |
| Summary | JURISDICTION – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed employed by first and second respondent at all material times – Claimed seconded to second respondent by first respondent – Claimed ongoing employment relationship with first respondent as first respondent offered alternative role in New Zealand (“NZ”) when secondment ended – Respondents argued second respondent correct employer – Argued employment agreement (“EA”) with second respondent and employment registered in China – Argued salary arrangements consistent with overseas employment – Applicant initially employed by first respondent and subsequently employed by second respondent – First respondent’s newsletter announced applicant’s employment arrangements with second respondent - Applicant moved to China to take up new position – Applicant made salary payment arrangements for employment at second respondent – Applicant later received letter from first respondent offering alternative role with first respondent in NZ – Authority found no express secondment clause in EA with second respondent – Found newsletter not representative of employment arrangements with second respondent – Found first and second respondent separate entities despite same director, therefore separate employers – Found salary and tax arrangements consistent with employment at second respondent – Found applicant’s place of work was China – Second respondent correct employer – No jurisdiction – General Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 7 |
| PDF File Link: | wa 124_09.pdf [pdf 25 KB] |