| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 201/01 |
| Hearing date | 1 Nov 2001 |
| Determination date | 28 November 2001 |
| Member | J Wilson |
| Representation | A Webb ; S Nola |
| Location | Auckland |
| Parties | Booth and Ors v Metro Reproimaging Ltd and Anor |
| Other Parties | Booth, Topp, i2i Holdings Ltd |
| Summary | DISPUTE - Whether employed by new company - Original employer merged with another to form new company - Whether offered and accepted positions with new company or continued to be employed by original employer - Informed employment would be offered on same or similar conditions as original employment - Claimed originally employed on individual employment contracts based on expired award which included redundancy compensation - Alleged accepted terms and conditions superior to other employees with new company - Given offer of cash payment in full and final settlement - Employment terminated when offer not accepted within deadline - No offer of employment on superior conditions made - Purported offer conditional on acceptance of new employment agreements - Not employed by new company - No evidence that applicants deliberately misled or deceived or dealt with in bad faith - Redundancy - Original employer no longer in existence - Two applicants employed on IECs based on expired award - Redundancy compensation due and owing - Third applicant employed after expiry of award - No evidence of special employment conditions - Entitled to outstanding notice and annual leave only |
| Result | Application dismissed ; Redundancy compensation owing to first and second respondents (Quantum to be determined by parties) ; Orders accordingly ; Costs reserved |
| Statutes | Companies Act 1993 s184;Contractual Mistakes Act 1997 s6(1)(a)(iii);Contractual Mistakes Act 1997 s6(1)(b);Contractual Mistakes Act 1997 s7;Contractual Mistakes Act 1997 s7(3);ERA s4;ERA s162 |
| Cases Cited | McKenzie v Fast Cat Ferries Ltd [2000] 2 ERNZ 292;Nelson v Porirua Community Law Resource Centre Inc [1993] 2 ERNZ 1109;NZ Seafarers' Union Inc v Silver Fern Shipping Ltd (No 2) [1998] 3 ERNZ 786 |
| Number of Pages | 14 |
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