| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 180/06 |
| Hearing date | 21 Nov 2006 |
| Determination date | 21 December 2006 |
| Member | J Crichton |
| Representation | D Flemming ; P Zwart |
| Location | Christchurch |
| Parties | Crimmins v McVicar Timber Group Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of redundancy compensation if parties could not agree on sum - Parties unable to resolve issue - Employment agreement recorded how compensation to be calculated - No sense Authority would be making determination about matter related to bargaining or fixing new terms and conditions of employment - Equity and good conscience jurisdiction - Not fair and equitable for applicant to be denied compensation because parties unable to agree quantum - Respondent's submission applicant should be awarded less or no compensation as offered alternative employment not taken into account as Authority had already considered offer not made in good faith - Employment agreement referred to calculation" of redundancy compensation that "will be paid" - Authority did not believe could be interpreted to mean zero compensation - Respondent also submitted Authority should consider evidence other than statistics expressly referred to in employment agreement - Mistake as to title of statistics no more than misdescription and both parties knew what referred to - Consideration of statistics mandatory - Inappropriate to consider other material - Absence of any guidelines discouraged Authority from innovation - Quantum based on most common situation revealed by statistics - Influenced by applicant's extraordinary length of service and level of weekly wage - No evidence respondent unable to meet payment - Sawmill manager" |
| Result | Quantum determined ; Redundancy compensation ($23,566.40) ; Interest (7%) ; Costs reserved |
| Statutes | ERA s161(2) |
| Cases Cited | Canterbury Spinners Ltd v Vaughan [2002] 1 ERNZ 255 ; [2003] 1 NZLR 176;Crimmins v McVicar Timber Group Ltd unreported, J Crichton, 12 December 2005, CA 161/05 |
| Number of Pages | 6 |
| PDF File Link: | ca 180_06.pdf [pdf 28 KB] |