| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 356/04 |
| Hearing date | 27 Jul 2004 |
| Determination date | 04 November 2004 |
| Member | M Urlich |
| Representation | LM Kirrane ; K McConnell |
| Location | Auckland |
| Parties | Kirrane v Boracure Auckland 1969 Ltd |
| Summary | DISPUTE - Applicant sought payment of contribution respondent made into superannuation scheme - Alleged respondent's owner told applicant if he left employment with respondent on mutual terms he would receive respondent's contribution to scheme as extra benefit - Superannuation scheme document provided employer had discretion to grant extra benefits on withdrawal - No restriction on respondent when exercising discretion not to pay employer contribution as extra benefit - Employment relationship problem reframed as dispute over proper exercise of discretion under superannuation scheme - Respondent did not arbitrarily nominate withdrawal benefit but considered applicant's circumstances based on information had at time - Discretion properly exercised - No employment relationship problem - Pest control technician |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 3 |
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