| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 42/05 |
| Hearing date | 1 Mar 2005 |
| Determination date | 11 March 2005 |
| Member | D Asher |
| Representation | T Wilton ; R Towner |
| Location | Palmerston North |
| Parties | New Zealand Amalgamated Engineering Printing & Manufacturing Union and Ors v Sunbeam Corporation Ltd |
| Other Parties | Anderson, Lewis |
| Summary | DISPUTE - Whether entitled to redundancy compensation - Company closed business - Second and third applicants had been employed as temporary workers on seasonal basis - Collective employment agreement provided for aggregation of service for purposes of service entitlements plus redundancy payment - Second and third applicants not made redundant - Their employment relationships were terminated by conclusion of season's work not by decision to close plant - No basis to claim expectation of ongoing employment or of future seasonal work - Each period of employment concluded at the end of each season - Aggregation of service did not constitute continuing and enforceable employment agreement - No evidence to conclude company made unfair use of agreement's provisions for temporary employees or that it was intended that the temporary term masked reality - No breach of s66 Employment Relations Act 2000 |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s66 |
| Cases Cited | New Zealand Meat Workers' etc IUOW v Richmond Ltd [1992] 3 ERNZ 643;Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323;Principal of Auckland College of Education v Hagg [1997] ERNZ 116 |
| Number of Pages | 7 |
| PDF File Link: | wa 42_05.pdf [pdf 25 KB] |