| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 151/10 |
| Hearing date | 29 Jul 2010 |
| Determination date | 27 September 2010 |
| Member | D Asher |
| Representation | P Cranney ; J Sumner |
| Location | Wellington |
| Parties | Abbott v Chief Executive, Whitireia Polytechnic |
| Summary | DISPUTE – Whether maths workbooks created by applicant were applicant’s or respondent’s intellectual property – Respondent revised Intellectual Property Policy to presume intellectual property created by staff members in course of employment or using polytechnic’s time or resources belonged to respondent – Respondent claimed workbooks central to its programme and should be in respondent’s possession – Applicant claimed unable to undertake work without use of workbooks – Respondent claimed all tutors required to develop programmes to assist learning and remuneration covered work done outside normal student contact hours – Respondent claimed workbooks belonged to respondent – Applicant claimed ownership of workbooks – Applicant claimed developed workbooks in own time and used workbooks in secondary employment but provided respondent with hard copies and access to workbooks – Applicant offered respondent permanent use of workbooks free of charge to resolve dispute – Respondent rejected offer – Authority found applicant not under pressure to produce workbooks and no contractual requirement to create workbooks – Found workbooks arose out of employment but result of applicant’s intellectual curiosity and sense of professionalism – Found applicant could not be subject to disciplinary action because not required to produce workbooks – Found workbooks not created during course of employment – Found workbooks applicant’s property – COSTS – Parties requested costs be reserved – Tutor |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | Copyright Act 1994 s21(2);English Copyright Act 1911 |
| Cases Cited | Empress Abalone Ltd v Langdon [2000] 2 ERNZ 53;Empress Abalone Ltd v Langdon [2000] 2 ERNZ 481;Greater Glasgow Health Board's Application [1996] RPC 207;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917;Stephenson Jordan & Harrison v MacDonald & Evans (1952) 69 RPC 10 |
| Number of Pages | 8 |
| PDF File Link: | wa 151_10.pdf [pdf 23 KB] |