Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 74/04
Hearing date 3 May 2004
Determination date 09 June 2004
Member P R Stapp
Representation K Stringleman ; T Cleary
Location Napier
Parties New Zealand Meat Workers and Related Trades Union Inc v Richmond Ltd
Summary DISPUTE - Respondent closed certain department at processing plant - All affected employees redeployed - Collective agreement provided redeployment to be preferred over redundancy - Also provided for offer of voluntary redundancy to 50% of affected employees - Applicant alleged agreement required offer of voluntary redundancies before redeployment - All positions in department redundant - Use of word shall" made redeployment preference mandatory - Voluntary redundancy provision also mandatory but only applied after redeployment had occurred - Respondent entitled to redeploy staff before offering voluntary redundancies"
Result Questions answered in favour of respondent
Cases Cited Group Rentals NZ Ltd v Canterbury Clerical Workers Industrial Union of Workers [1987] NZILR 255;Service and Food Workers' Union Inc & Ors v McCain Foods (NZ) Ltd unreported, G Wood, 23 April 2004, WA 46/04
Number of Pages 8
PDF File Link: PDF file not available for download, please contact us to request a copy.