| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 149 |
| Hearing date | 17 May 2013 |
| Determination date | 19 July 2013 |
| Member | M B Loftus |
| Representation | J Lawrie ; P McBride |
| Location | Nelson |
| Parties | Krammer v Nelson Marlborough District Health Board |
| Summary | DISPUTE – Parties disputed validity of policy requiring applicant to repay redundancy compensation – Whether respondent able to reclaim redundancy payments – Policy introduced allowing respondent to require former employee appointed to new roles within 12 months of being made redundant to repay part of compensation - Applicant declared redundant – Applicant subsequently engaged as casual nurse – Applicant applied for new role – Applicant offered role subject to repaying approximately half of net redundancy payment – Nurse |
| Abstract | AUTHORITY FOUND –;DISPUTE: Respondent did not consult with union before introducing policy. Policy could not be introduced without consultation. Policy unenforceable. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61(1)(b);Wages Protection Act 1983 s5;Wages Protection Act 1983 s6;Wages Protection Act 1983 s12(a) |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_149.pdf [pdf 151 KB] |