| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 236 |
| Determination date | 13 July 2012 |
| Member | R A Monaghan |
| Representation | K A Milne (in person) ; G Norton |
| Location | Auckland |
| Parties | Milne v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant claimed respondent failed to inform applicant of right to seek advice, right to individual employment agreement or provide information about respondent’s appointment processes when employment commenced - Authority found applicant’s claim misconceived as employment commenced under different statutory regime than current and no statutory or contractual rights or obligations asserted by applicant were in existence when employment commenced - Alternatively, applicant could not commence claim as outside limitation period – Claim not to be investigated further |
| Abstract | Applicant claimed respondent failed to inform applicant of right to seek advice, right to individual employment agreement or provide information about respondent’s appointment processes when employment commenced. Applicant sought compensation to remedy alleged disparity between applicant’s employment agreement and other employees’ employment agreements. Applicant’s employment commenced over 30 years ago. Applicant party to series of collective agreements (“CEA”) during employment. Respondent claimed applicant’s claim frivolous and should be struck out.;AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant’s claim misconceived as employment commenced under different statutory regime than current and no statutory or contractual rights or obligations asserted by applicant were in existence when employment commenced. Respondent had no obligation to inform applicant of right to individual employment agreement. Applicant had no right to payment under parties’ CEA. Alternatively, applicant could not commence claim as outside limitation period. Claim not to be investigated further. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s142 |
| Cases Cited | Milne v Air New Zealand Ltd [2011] NZERA Auckland 45 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_236.pdf [pdf 106 KB] |