| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 15 |
| Hearing date | 1-Feb-16 |
| Determination date | 01 February 2016 |
| Member | Michael Loftus |
| Representation | R Upton ; J Nathan |
| Location | Wellington |
| Parties | Broadspectrum (New Zealand) Ltd formerly Transfield Services (NewZealand) Ltd v Nathan |
| Summary | DISPUTE – Parties disputed whether position offered by applicant constituted reinstatement to position “no less advantageous” than before dismissal – Linesman |
| Abstract | AUTHORITY FOUND –;DISPUTE: Positions offered very similar in terms of duties, hours, salary etc. Both jobs required work with heavy items. Respondent’s former position likely to be made redundant in coming months. Respondent happy to work at other work site if original position disestablished. Applicant’s proposed position no less advantageous than respondent’s former role. Question answered in favour of applicant. |
| Result | Questions answered in favour of applicant |
| Main Category | Dispute |
| Cases Cited | Auckland Clerical and Office Staff Employees’ IUOW v Vacation Hotels Ltd (1979) ACJ 313 (AC);Hennessey v Auckland City Council [1983] ACJ 593 (AC);Nathan v Transfield Services (New Zealand) Ltd [2015] NZERA Wellington 120;National Distribution Union v Gordon & Getch (NZ) Ltd ERA Auckland AA242/08, 10 July 2008;New Zealand Printing and Related Trades IUOW v Sigma Print Ltd (1979) ERNZ Sel Cas 1 (AC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Wellington_15.pdf [pdf 160 KB] |