| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 41/04 |
| Hearing date | 6 Apr 2004 |
| Determination date | 08 April 2004 |
| Member | P Cheyne |
| Representation | S Dyhrberg ; KS Tifaga |
| Location | Christchurch |
| Parties | Feltex Carpets Ltd v National Distribution Union Southern Region |
| Summary | DISPUTE - Redundancy provision in collective agreement - Employer sought to make employees redundant on basis of assessment of various criteria - Assessment differed from previous approach where employees selected on basis of last on first off - Interpretation of relevant clause - Relevant clause meant employer entitled to assess skills and attributes of employees when selecting for redundancy - Where was contest between two equally able and skilful employees length of service became relevant |
| Result | Question answered ; Costs reserved |
| Statutes | ECA s19(2);ECA s147;ERA s61(1)(b);ERA s163;ERA s192(1);ERA s238;Labour Relations Act 1987 s174 |
| Cases Cited | Blight v Brooklynne Garments Ltd [1994] 1 ERNZ 328;Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239;Dunn v Methanex New Zealand Ltd [1996] 2 ERNZ 222;Hunter v Northland Regional Council unreported, Colgan J, 30 November 1996, AEC 126/95;Gallagher v Watercare Services Ltd [1994] 1 ERNZ 511;McKechnie Metals Ltd v Schreiber [2002] 2 ERNZ 758;Television Installation and Service Co Ltd v North Island Electrical and Related Trades IUOW [1978] ACJ 167;Tune v Babcock New Zealand Ltd [1998] 3 ERNZ 594 |
| Number of Pages | 5 |
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