| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 471 |
| Hearing date | 16 Jul 2013 |
| Determination date | 15 October 2013 |
| Member | R A Monaghan |
| Representation | R Pool ; P Tremewan |
| Parties | Jones v Textile Bonding Ltd |
| Summary | DISPUTE - Parties disputed interpretation of redundancy clause in parties employment agreement (EA") - EA provided payment if retirement or dismissal followed sale of 50% shares - 100% sold and applicant retired - Respondent claimed retirement meant retirement imposed by respondent and payment only applied in redundancy situation - Whether retirement more correctly characterised as resignation" |
| Abstract | AUTHORITY FOUND -;DISPUTE: Clause not limited to redundancy or employer initiated terminations. Applicant withdrawn sufficiently from workforce to justify finding applicant retired. Change in shareholding led applicant to retire. Termination fell within clause and applicant entitled to payment. Questions answered in favour of applicant. |
| Result | Question answered in favour of applicant; Orders made; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Auckland Local Authorities Officers IUOW v Takapuna City Council [1978] ACJ 153;Scurr v Director General of Social Welfare [1999] BCL 227.;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_471.pdf [pdf 220 KB] |