Home' Advocate Communications : Fiordland Advocate 11 August 2011 Contents HOT TOPIC
Page 6 | 11 August, 2011
Last month's snow storm was the
biggest I have seen in Te Anau
and people were saying it was the
largest in 40 years. I have photos
of the last one and I am standing
by an igloo Murray had made, with
my baby son in my arms. That
certainly puts a timeframe on it.
My sister and her family were in
Te Anau on a visit for a few days
and in the end they stayed a week
because they couldn't get out.
We lost electricity, but the house
could be heated by fire and we
had plenty of wood, which was
great as we had lots of children's
wet clothes. They had a ball in the
This time it was hard to get out
the driveway, but we didn't lose
electricity and there was plenty
of heat and food. However, it did
make me think again about how
hard it must be for the people of
Christchurch. My sister-
in-law is in the red zone
and she still has to go
to a Portaloo, which is
incredibly upsetting for
her. The snow just added
to the pressure.
The snow also meant the
Milford Road was closed
for a few days. It was only
a few years ago that the
road was closed for winter
and people accepted that.
Now it is expected the
road will be open and it
mostly is, thanks to the
dedication and expertise
of the people who work
long hard hours to ensure
it is open as much as
It takes my thoughts back to Mr
and Mrs Gus McGregor who lived
with their five children in a tent
on the road as he helped build it.
They lived there through summer
and winter and had incredible
stories to tell, like many of the
people who built the road. Those
stories were told at the party at
the Divide in March 1992, after
the final 1.86km of road was
sealed. That's also the time when
the then Minister stood up and
said he was asking for another
plan on the Mararoa Bridge, which
was dangerous and had caused
I was younger in the world of
politics then, so I stood up and
said "we don't want another
bloody plan, we want a bridge". It
brought the house down and I am
still reminded about it, but we did
get a new bridge, so sometimes
bluntness does work!
I am away spending some time in
the United States with my family
now, so will see you all on my
Snow stirs fond memories
SEND US YOUR
PO Box 251
Te Anau 9640
Do you have an opinion to air
or a photo to share?
The Fiordland Advocate
welcomes your contributions.
You may use a nom de plume
providing you supply us with
your name and address (for
Charmayne Evans, of Winton, took this photo of her husband
David during one of their frequent walks to the Kepler. This shot
was taken at Shallow Bay and, yes, he did catch a fish that day!
Winton 03-236 9805 Gore 03-208 6808
Branches throughout New Zealand www.waterforce.co.nz
0800 4 FORCE (4 36723)
Go into the draw to win a
handy tool kit!
Call into WaterForce Southland in the months of July and
August for all your calf milk supplies and go into the draw
to win a tool kit worth $4,000.00!
All customers who purchase calf milking supplies in the months of July and August will go into the draw to win
a tool kit, valued at $4000.00.
A TOOL KIT WORTH
At WaterForce our trained and qualified
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the correct calf milking products for
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So call into our branch today and talk to
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WHO'S THE BOSS?
The recent decision of McDonald v On
Track Infrastructure Ltd and Allied
Workforce Ltd, saw a full bench of
the Employment Court deliver its first
judgement on the issue of triangular
employment relationships. The issue
in dispute was whether an employment
relationship can be formed between a
temporary worker and a client of a labour
hire company, in the absence of an express
The facts were relatively straightforward.
Mr McDonald was employed by Allied
Workforce and was placed on assignment
with On Track. Mr McDonald's assignment
with On Track was terminated by them
after eight months.
Mr McDonald claimed that the
circumstances of his assignment had led
to an employment relationship forming
directly between him and On Track and
he claimed that he was unjustifiably
Both Allied and On Track disputed the
claim that Allied was Mr McDonald's
The Employment Relations Authority found
that Mr McDonald was not employed by On
Track, he challenged this determination.
The Employment Court held that Section 6
of the Employment Relations Act required
the Court to determine the real nature of
the relationship between the parties by
considering the relevant circumstances.
The Court held that it was potentially open
for someone in Mr McDonald's situation to
argue that he was employed by the entity
at the "third point of the triangle" -- that
is the person who was not originally the
employer but with whom the employer
had a commercial relationship to supply
temporary workers. The onus was on
Mr McDonald to establish the existence
of such an employment relationship. To
do so, he must satisfy the Court of the
existence of the common law requirements
of offer, acceptance, contractual intention,
consideration and certainty.
Having determined the law applicable in the
case, the Court then directed that the issue
of whether an employment relationship
actually existed between Mr McDonald
and On Track is to be determined on the
facts by a single Judge.
This case is a cautionary tale for labour
hire companies, their clients and temporary
workers about the need to ensure that there
is clarity in their respective contractual
relationships. It is important that labour
hire companies take legal advice as to
the appropriate way they structure an
AWS Legal Partner, Damien Pine visits our Te Anau office each Wednesday & Thursday
and other days by appointment. Please remember that this information is designed as a
general guide and should not replace specific legal advice on a particular issue.
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