| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 461/09 |
| Determination date | 18 December 2009 |
| Member | Y S Oldfield |
| Representation | P Chan ; A Macleod (in person) |
| Location | Auckland |
| Parties | U-Marketing International Co (Thailand) Ltd v Macleod |
| Summary | JURISDICTION – Respondent protested jurisdiction of Authority in dispute – No written employment agreement (“EA”) - Draft EA, not signed by respondent, stated governing law Hong Kong – Authority found could not determine parties’ express intentions because no written EA and no oral agreement regarding governing law of employment relationship – Found could infer parties’ intentions with reasonable certainty through draft EA – Found respondent performed work for applicant for three months following receipt of draft EA, so reasonable to infer respondent accepted clauses not expressly rejected - Found governing law of contract Hong Kong – Found no jurisdiction over problem arising out of employment performed in Thailand for a Thai company by holder of Thai working visa, where New Zealand not proper law of contract – Found no jurisdiction to hear claim – Found Hong Kong was forum of law governing transaction – Found Thailand jurisdiction with which action had most substantial connection – Found respondent’s nationality only connection with New Zealand – Found Authority forum non conveniens – No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Employment Relations Act 2000 |
| Cases Cited | Beal v Jardine Risk Consultants, [2000] 1 ERNZ 405;Clifford v Rentokil Ltd (NZ) [1995] 1 ERNZ 407;Governor of Pitcairn and Associated Islands v Sutton [1994] 2 ERNZ 426; [1995] 1 NZLR 426(CA) |
| Number of Pages | 4 |
| PDF File Link: | aa 461_09.pdf [pdf 20 KB] |