| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 76 |
| Hearing date | 24 Feb 2015 |
| Determination date | 16 March 2015 |
| Member | E Robinson |
| Representation | H McAra ; P Swarbrick |
| Location | Auckland |
| Parties | Ganley v PB Sea-Tow (NZ) Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant's redundancy compensation calculated correctly - RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by manner in which respondent handled applicant's redundancy - Applicant claimed unjustifiably dismissed by respondent - Master |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Applicant's relevant daily rate for purpose of determining redundancy compensation applicant's annual salary divided by 365. Higher pay rate applicable when applicant worked on Australian projects or domestic voyages between Australian ports not additional term agreed between parties but unilateral notification of rates of pay respondent would pay in defined circumstances. Applicant not entitled to receive additional payment when Australian project work or voyages completed. Applicant's redundancy entitlement calculated correctly. No arrears of wages.;RAISING PERSONAL GRIEVANCE: Applicant believed grievances raised relating to manner redundancy payment calculated. Applicant's union raised particular concern with respondent, although Authority had some reservations about whether grievance raised. Grievances raised within 90 days.;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Genuine redundancy situation. Respondent complied with consultation requirements under collective employment agreement. Fair and reasonable to extend applicant's employment when work situation changed. No unjustified disadvantage. Dismissal justified. |
| Result | Application granted (raising personal grievance) ; Applications dismissed (arrears of wages)(unjustified disadvantage)(unjustified dismissal) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s53;ERA s61(1);ERA s61(2);ERA s103;ERA s103(1)(b);ERA s114;ERA s114(1) |
| Cases Cited | Assoc of Staff in Tertiary Education Inc: Aste Te Hau Takitini o Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 (EmpC);New Zealand Tramways and Public Transport Employees Union Inc v Transportation Auckland Corp Ltd [2006] ERNZ 1005 (EmpC);NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd [2011] NZEmpC 135, [2011] ERNZ 409;NZ Meat Workers and Related Trades Union Inc v Silver Fern Farms Ltd (formerly PPCS Ltd) [2009] ERNZ 149 (EmpC);Pyne Gould Guinness Ltd v Montgomery Watson (NZ) Ltd [2001] NZAR 789 (CA);Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Auckland_76.pdf [pdf 328 KB] |