| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 93 |
| Determination date | 23 March 2016 |
| Member | Andrew Dallas |
| Representation | S Parry ; E Davies, H Dymond-Cate |
| Parties | First Union Inc & Anor v Smith & Davies Ltd |
| Other Parties | Henry & Others |
| Summary | DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) regarding notice of termination of employment – ARREARS OF WAGES – Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND –;DISPUTE: Sub-clauses read in conjunction meant that employees would “normally” receive two weeks’ notice, except in circumstances of abandonment or dismissal for serious misconduct, which are only exceptions to rule. Clear from plain words and structure that clauses intended to be read together. Respondent required to give two weeks’ notice for redundancies. Question answered in favour of applicant.;ARREARS OF WAGES: Respondent failed to pay two weeks’ wages in lieu of notice in accordance with CEA. Respondent to pay former employees arrears of wages, quantum to be determined. |
| Result | Application granted (arrears of wages) ; Question answered in favour of applicant ; Arrears of wages (quantum to be determined) ; No order for costs |
| Main Category | Dispute |
| Statutes | ERA s103A;ERA s174D |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 3 NZLR 276 (CA);Charta Packaging Ltd v Howard [2002] 1 ERNZ 10 (CA);Eagle v Flight Centre (NZ) Ltd ERA Auckland AA123/10, 16 March 2010;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;New Zealand Professional Firefighters Union v New Zealand Fire Services Commission [2011] NZEmpC 149;Ogilvy & Mather (New Zealand) Ltd v Turner [1996] 1 NZLR 641 (CA);Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_93.pdf [pdf 194 KB] |