| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 161/05 |
| Hearing date | 15 Sep 2005 |
| Determination date | 12 December 2005 |
| Member | J Crichton |
| Representation | G Lloyd ; PD Zwart |
| Location | Christchurch |
| Parties | Crimmins v McVicar Timber Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Whether or not applicant's position was made redundant so as to engage redundancy provisions of parties' collective employment agreement - Alleged failure to pay redundancy compensation - Respondent denied applicant was declared redundant - Site was sold - Six employees affected - Bulk of workers likely to transfer employment to new employer - At first, no suggestion applicant would continue to be employed by respondent - After applicant's union submitted redundancy proposal to respondent, respondent indicated redeployment for the first time - Applicant subsequently suffered stress-related health collapse - Was a staff surplus situation" such that relevant schedule of collective employment agreement applied - Only 2ï¾½ weeks notice of sale given - Maybe position would have been different if respondent had offered alternative employment at first blush rather than the 11th hour - Difficult to escape conclusion that respondent had not acted in good faith - Since schedule applied, process had to be followed which involved considering other options and payment of redundancy compensation - Ample evidence that applicant was seriously hurt by employer of 37 years treating him in manner it did - Unjustified disadvantage - Parties to negotiate on redundancy compensation - Leave reserved should matter not be resolved within reasonable time - General labourer" |
| Result | Application granted ; Redundancy compensation (Quantum to be determined by parties) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 161_05.pdf [pdf 36 KB] |