| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 438/05 |
| Hearing date | 27 Oct 2005 - 28 Oct 2005 (2 days) |
| Determination date | 07 November 2005 |
| Member | A Dumbleton |
| Representation | S Mitchell, P Wicks ; A Caisley |
| Location | Auckland |
| Parties | Pegasus NZ Airline Services Society Inc and Anor v Air New Zealand Ltd |
| Other Parties | Flight Attendants and Related Services Association |
| Summary | DISPUTE - Whether employees redundant in terms of two relevant collective agreements - Respondent proposed disestablishment of 130 in-flight service director (“ISD”) positions and establishment of 130 flight service manager (“FSM”) positions - Whether positions substantially different so that permanent reduction of number of ISDs required as specified by redundancy definition in collective agreements - Difference in time working on aisle trolleys and time spent working on ground not enough to make positions substantially different - However, new ongoing responsibility of FSMs for designated team of 8-10 people and new responsibility for managing and conducting disciplinary processes took position beyond scope of old ISD position - Substantial difference between two positions so as to break essential continuity of employment and require permanent reduction in number of ISDs - Redundancy provisions in collective agreement to apply - In-flight service directors |
| Result | Question answered in favour of respondent ; Costs reserved |
| Cases Cited | Carter Holt Harvey v Wallis [1998] 3 ERNZ 984;Group Rentals NZ Ltd v Canterbury Clerical Workers IUOW [1987] NZILR 255;McCulloch v NZ Fire Service Commission [1998] 3 ERNZ 378;Toll NZ Consolidated Ltd v NZ Seafarers Union Inc unreported, Goddard CJ, 16 July 2004, WC 10/04;Wilkinson v Wairarapa CHE [1999] 2 ERNZ 133 |
| Number of Pages | 10 |
| PDF File Link: | aa 438_05.pdf [pdf 63 KB] |