Menu
Former OpenCloud GM fails in bid for NZ jurisdiction

Former OpenCloud GM fails in bid for NZ jurisdiction

A former general manager for the American continent at local software developer OpenCloud, has lost a bid to have a court case against the company heard locally.

Ned Chini filed an application to New Zealand’s Employment Relations Authority, seeking to have employment issues he encountered while working at OpenCloud heard by the ERA.

However, in a determination issued late last year the ERA found that Chini’s grievances couldn’t be heard locally, because his employment contract with OpenCloud specified that the contract was covered by Californian law.

In its determination the ERA noted that, “During his employment Mr Chini had issues about the rate of pay and the size of bonuses paid to him.

“Subsequently, he was dismissed by OpenCloud NZ and now seeks remedies for an alleged unjustified dismissal, as well as unpaid wages and bonuses.”

OpenCloud’s parent company, UK-based OpenCloud, later filed legal proceedings against Chini in California.

The ERA found in favour of OpenCloud NZ, finding that the clause in Chini’s contract with OpenCloud specifically stated that employment matters were covered by Californian law and this prevented the ERA from considering Chini’s grievances.

The ERA noted there are precedents in which similar clauses have been found to be insufficient to prevent an employment case being heard in New Zealand.

However, these involved different circumstances, such as the employee being based in New Zealand during the time of their employment.

Chini argued that his contract was signed in New Zealand and that OpenCloud NZ is a local company with no assets in California.

He also noted it is difficult to enforce a judgment in California against a New Zealand company. As well, he was unable to counterclaim against OpenCloud NZ because it was not the local operation, but its UK-based parent, that had brought proceedings against him in California.

However, the ERA noted, “It is clear from the jurisprudence that the modern approach to this matter favours dealing with Mr Chini’s issues in California, because that is where the work was carried out”, and that “furthermore, the contract Mr Chini entered into clearly states that California is where any legal issues should be dealt with”.

A request for further information about OpenCloud’s US case against Chini, emailed a public relations firm listed on OpenCloud’s website as the contact for media inquiries, was not replied to by Computerworld’s deadline last week.


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags opencloud

Featured

Slideshows

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

Hundreds of leaders from the New Zealand IT industry gathered at the Hilton in Auckland on 17 November to celebrate the finest female talent in the Kiwi channel and recognise the winners of the Reseller News Women in ICT Awards (WIICTA) 2020.

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards
Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

The leading female front runners of the New Zealand ICT industry joined together for the annual Reseller News Women in ICT Awards event at the Hilton in Auckland, during which hundreds of guests celebrated 13 outstanding individuals who won awards, chosen from more than 50 finalists representing over 30 organisations.

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards
Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

More than 500 channel leaders gathered in Auckland on 21 October at the ​Reseller News Innovation Awards ​2020 to celebrate the achievements of the New Zealand technology industry's top partners, start-ups, vendors, distributors and individuals.

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners
Show Comments