| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 135 |
| Hearing date | 8 Oct 2014 |
| Determination date | 19 December 2014 |
| Member | G J Wood |
| Representation | J Unsworth ; R Webster |
| Location | Wellington |
| Parties | Severinsen and Ors v Affco New Zealand Ltd |
| Other Parties | Pullins, Steele, Wakling, Bourke, Hinga, Karamaina, Hulena, Masters, Rangi |
| Summary | DISPUTE – Parties disputed whether applicants’ employment specific to particular department within plant – Seasonal workers – Whether applicants entitled to be made redundant – ARREARS OF WAGES – Applicants sought arrears of wages – Whether applicants entitled to “make up” pay when working in departments with lower rate of pay – Meat workers |
| Abstract | AUTHORITY FOUND –;DISPUTE: Employees to be re-employed in accordance with seniority system when employees needed in particular department. Redundancy situation only existed under collective employment agreement (“CEA”) where seasonal employment made unavailable by respondent rather than the employee’s departmental position being made unavailable. Implicit in seniority process that, if employees not offered seasonal employment because department in which employees held seasonal employment not operating, respondent to offer employees seasonal employment in some other department before employing other workers with no seniority, all other factors being equal. If decision made not to re-open particular department during season, employees to be re-called for work on basis of seniority in particular department for work in other departments. Question answered in favour of respondent. Leave reserved for parties to return to Authority if unable to agree whether applicants treated in accordance with Authority determination.;ARREARS OF WAGES: Applicants entitled to “make up” pay under CEA as worked in other departments temporarily at respondent’s request. Respondent to pay applicants arrears of wages, quantum to be determined. Leave reserved for parties to return to Authority if unable to determine any quantum owed. |
| Result | Application granted ; Arrears of wages (quantum to be determined) ; Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | New Zealand Meat Workers etc Union Inc v Richmond Ltd [1992] 3 ERNZ 643;New Zealand Meat Workers’ Union Inc v Alliance Group Ltd [2006] ERNZ 664;NZ Meat Processors etc IUOW v Alliance Freezing Co (Southland) Ltd (1990) ERNZ Sel Cas 834 ; [1991] 1 NZLR 143;NZ Meat Processors’ etc IUOW v Alliance Freezing Co (Southland) Ltd [1991] 1 ERNZ 1213;South Pacific Meats Ltd v Mohammed (2012) 10 NZELR 52 |
| Number of Pages | 18 |
| PDF File Link: | 2014_NZERA_Wellington_135.pdf [pdf 224 KB] |