| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 219 |
| Determination date | 31 May 2013 |
| Member | R Larmer |
| Representation | C Mayston ; K Burson |
| Location | Auckland |
| Parties | Lasham v Auckland Council |
| Summary | DISPUTE – Parties disputed whether redundancy and discretionary performance bonus entitlements carried over following transfer of applicant’s employment – Whether applicant’s counter-offer accepted when new employment began – Applicant accepted employment under Collective Employment Agreement (“CEA”) – Applicant made annotations about entitlements on acceptance letter – Annotations not responded to – Whether CEA replaced applicant’s individual terms – Whether entitlements “personal to holder” terms – Senior Property Regulatory and Rates Support Analyst |
| Abstract | AUTHORITY FOUND –;DISPUTE: Applicant’s annotations should have put respondent on notice. Additional terms in acceptance letter reasonably indicated counter-offer. Unreasonable for respondent to stay silent about terms. Applicant’s acceptance contingent on entitlement terms applying on top of CEA. Acceptance letter processed without concern being raised. Respondent’s conduct implied acceptance. Respondent accepted counter offer on balance of probabilities. Applicant’s entitlements inconsistent with CEA. Entitlements did not continue to apply by virtue of “personal to holder” provisions. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; No order for costs |
| Main Category | Dispute |
| Statutes | ERA s61(1);ERA s61(1)(b) |
| Cases Cited | Airways Corp of New Zealand Ltd v Geyserland Airways Ltd [1996] 1 NZLR 116;Canterbury FM Broadcasting Ltd v Daniels (1988) 2 NZELC 96,441;New Zealand Amalgamated Engineering Printing and Manufacturing Union Inc v Energex Ltd [2006] ERNZ 749 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_219.pdf [pdf 282 KB] |