| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 297/04 |
| Hearing date | 24 Feb 2004 |
| Determination date | 16 September 2004 |
| Member | L Robinson |
| Representation | G Gowland ; K Binnie |
| Location | Auckland |
| Parties | Patterson v IBM New Zealand Ltd |
| Summary | DISPUTE - Application for redundancy compensation - Eighteen years employment with respondent - Two separate periods of parental leave with period of part-time work prior to second leave - Made redundant during period of second leave - Terms and conditions of employment silent on redundancy compensation - Policy known to applicant calculated compensation on basis of full-time salary for periods worked full-time and part-time salary for periods worked part-time - Policy change while applicant absent on second leave - New calculation on basis of salary at time of redundancy - Applicant compensated on basis of part-time salary - Employment agreement deemed period of part-time work following first parental leave additional personal leave of absence" rather than part-time employment - Subsequent second parental leave also leave from full-time employment - Status as full-time employee retained throughout - Redundant position was full-time position - Redundancy compensation to be calculated on that basis - Difference in redundancy compensation plus interest due and owing - PENALTY - Punitive response not warranted in disputed circumstances - No penalty awarded - Delivery manager" |
| Result | Application granted ; Shortfall in redundancy compensation ($18,342.13 net) ; Interest (7.5%) ; Costs reserved |
| Statutes | Parental Leave and Employment Protection Act 1987 s51 |
| Cases Cited | Flight Attendants and Related Services Association Inc v Air NZ Ltd [1993] 2 ERNZ 1 |
| Number of Pages | 9 |
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