| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 88 |
| Hearing date | 18 Dec 2015 & 17 Mar 2016 (2 days) |
| Determination date | 18 March 2016 |
| Member | Robin Arthur |
| Representation | S Mitchell ; R Drake |
| Location | Auckland |
| Parties | Kapa & Ors v Biogiene Ltd & Anor |
| Other Parties | Uele, Ashby, Maake, Kaa, Sexton, A M Hospitality Ltd |
| Summary | DISPUTE – Parties disputed terms and conditions of employment applicable to applicants at time of transfer of employment |
| Abstract | AUTHORITY FOUND –DISPUTE: No written or verbal variations to applicable terms agreed to by applicants after first transfer of employment. In absence of any lawfully agreed changes, applicable terms and conditions at time of transfer of employment to second respondent those that applied immediately before first transfer. Employment agreements signed by applicants at time of transfer of employment to second respondent did not negate terms and conditions automatically transferred. Question answered in favour of applicants. |
| Result | Question answered in favour of applicants ; Orders made ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA Part 6A ; ERA s69I ; ERA s69I(2)(b) ; ERA s69OA ; s69OG ; ERA s174 ; ERA s174B ; ERA s238 |
| Cases Cited | Nisha v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 171 ; Pacific Flight Catering Ltd v LSG Sky Chefs New Zealand Ltd [2013] NZCA 386, [2014] 2 NZLR 1 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_88.pdf [pdf 197 KB] |