| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/06 |
| Hearing date | 1 Feb 2006 |
| Determination date | 10 April 2006 |
| Member | D Asher |
| Representation | P Cranney ; T Waddel |
| Location | Palmerston North |
| Parties | Kereama v Feilding Venison Ltd |
| Summary | GOOD FAITH - Preliminary matter – Whether ss4(1A)(c)(i) and (ii) applied to seasonal lay off situations – Percentage of respondent's workforce was laid off each season - Alleged unjustified disadvantage and unjustified dismissal – Applicant asked Authority to determine initial matter of whether ss4(1A)(c)(i) and (ii) of the ERA applied - Respondent alleged applicant was justifiably laid off at end of season and that employment relationship was ongoing therefore s4(1A) did not apply – Applicant was told he was to be laid off because of his attitude and attendance – Respondent declined to answer applicant’s request for names of persons to be laid off, and certain information about those people – Section 4(1A) applied when employer was proposing to make decision that “will, or is likely to, have an adverse impact on the continuation of employment of 1 or more of his or her employees” – Whether limited to cases of dismissal or whether could also apply to discontinuation with possibility of re-engagement – Authority found in favour of applicant’s preliminary application – Accepted that he was entitled to access information relevant to the continuation of his employment and have opportunity to comment before respondent determined to lay him off – Would be reading down the scope of the new section by applying it only to impending dismissals: plainly that was not how the section was expressed – Applicant being laid off and not receiving pay for that time could not be seen as anything other than an “adverse effect on the continuation of employment” - Leave reserved for applicant to bring back remaining aspects of the employment relationship problem to Authority |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | ERA s4(1A);ERA s4(1A)(b);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s81(1)(a)(i);ERA s82(1)(ii);ERA s87(5);ERA s88(3);ERA s103(1)(a);ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | wa 55_06.pdf [pdf 34 KB] |