| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 168/04 |
| Determination date | 13 December 2004 |
| Member | D Asher |
| Representation | T Wilton ; P Wallace |
| Location | Wellington |
| Parties | Butters and Ors v LM New Zealand (formally American Banknote New Zealand Ltd) t/a Leigh-Mardon |
| Summary | ARREARS OF WAGES - Redundancy - Contemplated sale of business and closure of certain branch - Notice of termination given conditional on sale - Unqualified notice not given until four days prior to actual termination date - Collective employment agreement provided for four weeks notice of termination of employment" in event of redundancy - Meaning clear on plain words - "Termination" could only occur at precise point - Agreement required four weeks clear notice of actual date of termination - Conditional notice not sufficient - Interpretation reinforced by proper regard to remainder of redundancy provisions - Breach of obligations - Ordinary and plain meaning overrode any regard to Authority's equity and good conscience jurisdiction - Respondent to reimburse applicants for unpaid notice period having regard to individual situations and entitlements in light of current determination - Interest at 7% appropriate as union pursued consistent position from outset that conditional notice not sufficient under employment agreement" |
| Result | Application granted ; Arrears of wages (Quantum to be determined by parties) ; Interest (7%) ; Costs reserved |
| Statutes | ERA s159(b)(i);ERA Second Schedule cl11 |
| Cases Cited | Lane v New Zealand Food Industries Limited unreported, D King, 14 November 1997, AT 301/97;NZ Electrical etc IUOW v GPT Business Systems Ltd [1990] 2 NZILR 230 |
| Number of Pages | 9 |
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