| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 130/05 |
| Hearing date | 21 Feb 2005 |
| Determination date | 14 April 2005 |
| Member | V Campbell |
| Representation | P Fisher ; D France |
| Location | Auckland |
| Parties | Willy v Carter Holt Harvey |
| Summary | DISPUTE - Calculation of redundancy pay - Interpretation of contract - Agreement provided for redundancy in recognition of up to 40 years service - Applicant alleged was promised recognition of greater than 40 years when considering voluntary redundancy - Did not take voluntary redundancy - Agreement clear - Entitled to recognition to 40 years only - Respondent not estopped from relying on agreement - Not satisfied applicant relied on representation to detriment as he would not on the evidence have taken voluntary redundancy anyway - Unable to assist applicant further |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Aviation & Marine Engineers Association Inc and Ors v Pacifica Shipping (1985) Ltd unreported, Colgan J, 16 April 2004, AC 23/04 |
| Number of Pages | 5 |
| PDF File Link: | aa 130_05.pdf [pdf 21 KB] |