Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 115/04
Hearing date 16 Sep 2004
Determination date 17 September 2004
Member P Cheyne
Representation T Wilton ; G Stratford
Location Christchurch
Parties Jackson v Packaging Prepress Specialists Ltd
Summary DISPUTE - Applicant made redundant - Issue over payment of redundancy compensation - Compensation provided for in employment agreement - Interpretation of agreement - Respondent alleged endeavoured to reach agreement about lesser amount of compensation - Applicant did not agree to reduction in compensation payable - Misunderstandings by respondent about role of applicant's representative - No ambiguity in relevant contractual provisions - Agreement permitted parties to jointly appoint acceptable advisor to give independent view about respondent's ability to pay compensation - Applicant never attempted to appoint advisor nor agreed to by bound by recommendations - Respondent misunderstood situation - Applicant entitled to 11 weeks pay - Parties to determine quantum with leave reserved if disagreement - Interest 8 percent on arrears of redundancy compensation from specified date until paid in full
Result Question answered in favour of applicant ; Redundancy compensation (Quantum to be determined by parties) ; Costs reserved
Number of Pages 3
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