| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 55/02 |
| Hearing date | 15 Feb 2002 |
| Determination date | 05 March 2002 |
| Member | G J Wood |
| Representation | R Gilbert ; A Sharp |
| Location | Auckland |
| Parties | Northern Amalgamated Workers Union Inc v Hamilton City Council |
| Summary | BREACH OF CONTRACT - Interpretation of collective employment contract - Redundancy - Whether sufficient notice given - Whether voluntary severance should have been offered to staff - Failed to attain tender - Notice of redundancy given at same time as redeployment and severance options - CEC stated redundancy notice to be given only after alternatives explored - Respondent breached CEC with regard to redundancy notice - CEC applied severance to all employees in occupational group - Occupational group sufficiently wide to encompass employees in question - Respondent breached CEC by failing to offer severance - Remedies - No jurisdiction to order apology - Payment in lieu of notice unavailable as notice requirements fulfilled - PENALTY - Available remedy for breach - Penalty awarded |
| Result | Application granted in part ; Penalty ($1,800)(Payable to applicant) ; Costs in favour of applicant ($750) ; Disbursements ($150) |
| Statutes | ERA s133(1)(a) |
| Cases Cited | NZ Air Line Pilots Association v Bilmans Management Ltd (t/a Ansett NZ Ltd) [1991] 1 ERNZ 670;NZ Food Processing IUOW v Skeggs Foods (1987) Ltd [1988] NZILR 321;Postal Workers Association (Auckland) Inc v New Zealand Post Ltd unreported, Finnigan J, 05 August 1996, AEC 43/96;Whelan v Waitaki Meats Ltd (1990) ERNZ Sel Cas 960; [1991] 2 NZLR 74 |
| Number of Pages | 10 |
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