| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 494/05 |
| Hearing date | 20 Dec 2005 |
| Determination date | 22 December 2005 |
| Member | V Campbell |
| Representation | M Sharp ; S Mitchell |
| Location | Auckland |
| Parties | TLNZ Auckland Ltd v Allen & Ors |
| Summary | DISPUTE - Whether open to applicant to identify and declare redundancies of its permanent staff including its Guaranteed Work Employees (employees guaranteed at least three eight hour shifts each week) - Sole purpose of determination to consider whether redundancies fell within scope of the redundancy clause of collective employment agreement - Applicant was forecasting a loss for year ended June 2006 - Applicant proposed to make nine employees redundant (a combination of both permanent and Guaranteed Work Employees) - Two employees opted for voluntary redundancy - The seven lowest scoring employees were respondents in present matter - Respondents alleged that work would not disappear but rather applicant would employ casual labour to carry out the extra work - Satisfied redundancies came within scope of redundancy clause in CEA - Applicant was downsizing its manpower as step towards cost savings - That fell squarely within the ambit of the employer's right to make the business more efficient |
| Result | Question answered in favour of applicant ; No order for costs |
| Statutes | ERA s129 |
| Cases Cited | GN Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; (1990) ERNZ Sel Cas 843;McCulloch v NZ Fire Service Commission [1998] 3 ERNZ 378;NZ Fasteners Stainless Ltd v Thwaites [2000] 2 NZLR 565 |
| Number of Pages | 5 |
| PDF File Link: | aa 494_05.pdf [pdf 24 KB] |