| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 89/03 |
| Hearing date | 15 Apr 2003 - 29 Apr 2003 (4 days) |
| Determination date | 23 June 2003 |
| Member | P R Stapp |
| Representation | JA Burney ; S Hornsby |
| Location | New Plymouth;Wellington |
| Parties | Adams & Ors v Fletcher Challenge Energy Ltd t/a Energy Exploration New Zealand Ltd |
| Other Parties | Arbuckle , Gillum, Ingram, Mills, Paris, Williams, Smith, Holland, Northcott, Bridger |
| Summary | DISPUTE - Application of redundancy provision in collective agreement - Whether entitled to redundancy compensation - Transfer of business to new operator - Redundancy compensation payable under collective agreement where ongoing employment after transfer of business on less favourable terms - Job offers made by new operator and accepted by existing employees - Offers made conditional on waiver of any right to redundancy compensation - If offers rejected compensation was payable but no prospect of employment with new operator for period of 12 months - Alleged less favourable terms offered - Issue of less favourable terms irrelevant - Waiver applied - Not induced to enter into new agreements - Aware of conditions from outset - Opportunity to seek legal advice - Even if restraint of trade condition unlawful no remedies available against respondent |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s68(2)(c);ERA s131(1);ERA s131(2) |
| Cases Cited | Attorney-General v Grant [1998] 3 ERNZ 259 |
| Number of Pages | 9 |
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