| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 277/04 |
| Hearing date | 30 Aug 2004 |
| Determination date | 01 September 2004 |
| Member | D King |
| Representation | L Yukich ; R Towner |
| Location | Auckland |
| Parties | Butler and Ors v Carter Holt Harvey |
| Summary | COMPLIANCE ORDER - DISPUTE - Interpretation of collective employment agreement - First part of clause stated that if respondent elected to sell or transfer part of business and redundancy situation arose as a consequence, termination would only occur on voluntary basis - Second part stated that in any other contracting out situation the respondent would seek any reduction on voluntary basis - Respondent contracted out maintenance function - All employees in maintenance area given one week's notice of redundancy - Whether present situation fell within first or second part of clause - Applicants sought compliance with respondent's redundancy provision which involved giving three month's notice with option of taking voluntary redundancy or being placed in pool for redeployment, with compulsory redundancy at end of three months - Not a sale or transfer situation and therefore second part applied - Respondent alleged second part only required respondent to use best endeavours to achieve voluntary reduction - Redundancy policy applied and set out only circumstance in which employee could be made compulsorily redundant - Compliance orders not made - Parties expected to act in accordance with Authority's determination |
| Result | Application dismissed ; Questions answered in favour of applicants ; Costs reserved |
| Statutes | ERA s53 |
| Number of Pages | 4 |
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