| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 127/05 |
| Determination date | 26 September 2005 |
| Member | P Cheyne |
| Representation | no appearance ; S McClelland |
| Location | Christchurch |
| Parties | Rawlings v Sanco NZ Ltd |
| Summary | DISPUTE - No appearance for applicant - Respondent's business in which applicant worked sold as going concern to another (GML") - Nearly three years later applicant dismissed by GML - Applicant commenced separate proceedings against both respondent and GML - Alleged respondent should have paid him redundancy compensation - Could be no personal grievance as any grievance raised outside 90 day time limit - However applicant entitled to recover any contractual entitlement to redundancy compensation as arrears - As respondent sold company as going concern and applicant retained position with GML not entitled to redundancy compensation under employment agreement - PRACTICE AND PROCEDURE - Applicant had asked Authority member to stand down from proceedings in response to direction issued in respect of proceedings against GML - Advised that he would not attend until another member provided - Abusive comments and dissertation on applicant's views on law - No truth to assertion that Authority member could not act impartially - Lengthy document lodged by applicant constituted obstruction to Authority in its investigation of matter - Sales" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(3);ERA s131 |
| Cases Cited | Wall v Works Civil Construction Ltd unreported, Goddard CJ, 23 October 2001, CC 16B/01 |
| Number of Pages | 3 |
| PDF File Link: | ca 127_05.pdf [pdf 18 KB] |