| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12/02 |
| Determination date | 24 January 2002 |
| Member | A Dumbleton |
| Representation | B Rimmer ; P Tustin |
| Location | Auckland |
| Parties | Spicer v Mount Timber Handling Ltd |
| Summary | PRACTICE AND PROCEDURE - Arrears of wages and personal grievance claim heard concurrently - Arrears claim predated enactment of Employment Relations Act 2000 - Hearing convened by Authority acting as Employment Tribunal - Adjudication procedure applied instead of investigation - ARREARS OF WAGES AND HOLIDAY PAY - Whether employment casual or permanent - Employment was regular and continuous - Reality of employment relationship indicated applicant was a permanent employee - Paid according to volume of timber handled - Claim depended on method of calculation of volume of timber - No evidence applicant's method of calculation should have been adopted in preference to respondent's - Wages and holiday pay correctly calculated and paid - Respondent ordered to make payment for statutory holidays over period of employment - UNJUSTIFIED DISMISSAL - Genuine redundancy - Whether last on-first off principle should have been strictly applied - Selection made on basis of last on-first off principle as well as operational requirements - No unfairness in selection process - Representation made to redundant employees that if work available old staff would take priority - Not a condition of employment - Dismissal justified - Timber sorter |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s48;ECA s79(2);ERA s113(1);ERA s248(4)(b);ERA s252 |
| Cases Cited | Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 5 |
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