| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 41 |
| Hearing date | 24 Nov 2014 |
| Determination date | 21 April 2015 |
| Member | Trish MacKinnon |
| Representation | G Lloyd ; G Davenport |
| Location | Wellington |
| Parties | McNicholas v New Zealand Exchange Ltd |
| Summary | DISPUTE – Whether applicant entitled to redundancy compensation under employment agreement (“EA”) – Whether clause 18 or 19 applied - Clause 18 stated if employee rejected offer of other position within organisation, employee entitled to redundancy compensation – Clause 19 stated no entitlement to redundancy compensation if employee rejected offer made on same or similar terms, and recognising continuous service- Contracting out - Journalist |
| Abstract | AUTHORITY FOUND –DISPUTE: Clause 18 explicitly subject to clause 19. Clause 18 did not apply because no internal restructure not involving contracting out, selling or transferring all or part of business to new entity. Entitlement to redundancy compensation determined by clause 19. Applicant rejected offer made on same or similar terms to current employment, and recognising continuous service. Applicant not entitled to redundancy compensation. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | New Zealand Professional Fire Fighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149;Vector Gas v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Wellington_41.pdf [pdf 180 KB] |