| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 193 |
| Hearing date | 6 Nov 2012 |
| Determination date | 15 May 2013 |
| Member | T G Tetitaha |
| Representation | P Cranney ; S Cook, A Stuart |
| Parties | Rood v The Chief Executive of Manukau Institute of Technology |
| Summary | DISPUTE – Parties disputed interpretation and application of redundancy notice provision in collective agreement – Applicant volunteered redundancy as offered another job – Whether agreement to vary notice period – Whether applicant entitled to payment in lieu of notice - Lecturer |
| Abstract | AUTHORITY FOUND -;DISPUTE: Individual employees capable of negotiating individual exit date under collective agreement without intervention from union. Parties agreed to vary termination date. No loss suffered by applicant for which damages would arise. Applicant not entitled to payment in lieu of notice. Questions answered in favour of respondent. |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61 - ERA s131 |
| Cases Cited | Geys v Societe Generale, London Branch [2012] UKSC 63; [2013] 2 WLR 50; [2013] 1 All ER 1061;Ogilvy & Mather (New Zealand) Ltd v Turner [1995] 2 ERNZ 398; [1996] 1 NZLR 641;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_193.pdf [pdf 162 KB] |