| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 12 |
| Hearing date | 18 Sep 2014 |
| Determination date | 30 January 2014 |
| Member | M B Loftus |
| Representation | P Cranney ; M Quigg |
| Location | Wellington |
| Parties | Terpstra and Anor v Queenstown Lakes District Council |
| Other Parties | Terry |
| Summary | DISPUTE - Parties disputed whether respondent required to discuss and agree redundancy terms - Good employer obligation - Librarian and librarian assistant |
| Abstract | AUTHORITY FOUND -;DISPUTE: Clause in applicants' employment agreements did not require respondent to agree to pay redundancy compensation. Respondent complied with clause. Authority could not make determination on provision that was simply agreement to agree. No provision in employment agreements required payment of redundancy compensation. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ECA;ECA s46(3);ERA;ERA s161(2);ERA s164;Local Government Act 2002;Local Government Act 2002 s39;Local Government Act 2002 Seventh Schedule cl36 |
| Cases Cited | Timbercraft Industries Ltd v Otago and Southland Federated Furniture and Related Trades IUOW [1990] 2 NZILR 626 (CA);Vaughan v Canterbury Spinners Ltd [2001] ERNZ 399 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Christchurch_12.pdf [pdf 99 KB] |