| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 46/04 |
| Hearing date | 30 Mar 2004 |
| Determination date | 23 April 2004 |
| Member | G J Wood |
| Representation | L Highfield ; W Macphail |
| Location | Palmerston North |
| Parties | Service & Food Workers Union Inc and Ors v McCain Foods (NZ) Ltd |
| Other Parties | Cribb, Hokianga, Pierson |
| Summary | DISPUTE - Whether termination of employment by reason of early retirement and/or redundancy - Closure of vegetable line where second, third and fourth applicants worked - Offered jobs in different plant but rejected them - Interpretation of relevant clauses of collective agreement - General circumstances examined - No significant change in pay and hours of work - Basic job of processing food remained - Nature of working environment not significantly changed - Differences in overtime not relevant factor - Personal circumstances examined - Fourth and second applicants' new positions significantly changed - Sufficient difference to break essential continuity of employment - Third applicant's new job required more walking which for health reasons she believed was unable to do - Medical condition meant expected positional change too great to maintain essential continuity of employment - COMPLIANCE ORDER - Respondent ordered to accept the termination of employment by fourth applicant by way of redundancy and second and third applicant's by way of early retirement and to pay entitlements to redundancy compensation in terms of CA - PENALTY - Genuine dispute - Penalty inappropriate - Processing plant workers |
| Result | Questions answered ; Compliance order granted ; Costs reserved |
| Cases Cited | Armstrong v MCK Metals Pacifica - a Division of MCK Group Ltd, D Asher, 26 September 2002, WA 94/02;Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;NZ Engineers Union v Dunlop NZ Ltd [1986] ACJ 848;United Food & Chemical Workers Union of NZ v Wattie Frozen Foods Ltd [1991] 2 ERNZ 810 |
| Number of Pages | 12 |
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