| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 237 |
| Hearing date | 6 Aug 2015 |
| Determination date | 07 August 2015 |
| Member | E Robinson |
| Representation | L Keys ; P Swarbrick |
| Location | Auckland |
| Parties | Allan v Bridon New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay full redundancy compensation and disparate treatment of applicant – Whether applicant had “break” in services – Cable sock weaver |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE: Applicant terminated employment in order to obtain full superannuation benefits. Applicant had short break in services before recommencing employment with respondent. Redundancy calculation based on number of current years’ service with respondent. Length of service calculated from start of second period of employment. Applicant not entitled to full redundancy payment because applicant had not served enough years since termination. Other employee of respondent had short break in services due to transfer between countries, did not count as termination in employment. Applicant not treated disparately. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA);Wynne v Telecom Directories Ltd ET Auckland AT89/98, 30 April 1998 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_237.pdf [pdf 166 KB] |