| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 276/03 |
| Hearing date | 10 Apr 2003 |
| Determination date | 08 September 2003 |
| Member | K J Anderson |
| Representation | C Eggleston ; R Towner, M O'Brien |
| Location | Auckland |
| Parties | Couper v CGU Insurance Ltd |
| Summary | BREACH OF CONTRACT - Whether breach of retrenchment provisions in employment agreement - Sale and purchase of respondent's business - Applicant not required by new owner on permanent basis - Seconded to new owner by respondent on temporary basis - No chance of further redeployment at end of secondment - Resigned before end of secondment - Old position redundant - Seconded position substantially different to old position - Employment agreement provided for possibility of redeployment to non-comparable position - No retrenchment entitlements available where employee redeployed - Applicant not entitled to retrenchment benefits until end of secondment - Premature termination prevented applicant from claiming retrenchment benefits - No breach of contract - Personal assistant |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | aa 276_03.pdf [pdf 46 KB] |