| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/07 |
| Hearing date | 13 Feb 2007 |
| Determination date | 25 May 2007 |
| Member | H Doyle |
| Representation | E Parker ; N McPhail |
| Location | Kaikoura |
| Parties | Turner v Pacifica Seafoods (Christchurch) Ltd |
| Summary | DISPUTE – GOOD FAITH – Entitlement to notice of termination and redundancy payment – Employment status - Respondent argued applicant’s status changed to casual during employment due to downturn in business - Employment agreement stated days of work “as required” but also contained provisions inconsistent with casual employment – Applicant did not recall restructuring process and or consider himself casual employee – Regular work pattern and clear expectation of ongoing employment – Applicant permanent employee – Employment terminated one day after advised business sold – Respondent claimed sale unplanned and complete confidentiality required for commercial reasons – Notice given to applicant not reasonable, however, Authority accepted applicant not entitled to monetary compensation as on unpaid leave due to injury – Applicant also sought redundancy compensation - Respondent argued no contractual entitlement to payment – Authority unable to fix new terms of employment – However, as applicant’s redundancy entitlement assessed on mistaken basis he was casual employee, in good faith, respondent should reassess entitlements – PENALTY - In circumstances where respondent unable to give employees advance warning of sale, discussion about entitlements even more important in terms of good faith process – However, degree of seriousness required to warrant penalty not reached – Good faith issues regarding absence of consultation and notice should form part of respondent’s reassessment of entitlements – ARREARS OF HOLIDAY PAY – Except for first week ACC compensation payable by employer, no payments received under Injury Prevention, Rehabilitation and Compensation Act 2001 to be taken into account when calculating holiday pay – Public holidays that fell during unpaid leave would not have been otherwise working day as applicant not available to work – Calculation referred to Labour Inspector - Leave reserved on issues relating to payment of sick leave |
| Result | Questions answered ; Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(m);ERA s4(1B);ERA s69N;ERA s161(2);ERA Part 6A subpart 2;Employment Relations Amendment Act (No 2) 2004;Holidays Act 2003 s14;Injury Prevention, Rehabilitation and Compensation Act 2001 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601; [1998] 3 NZLR 276;Charta Packaging Ltd v Howard [2002] 1 ERNZ 10 (CA);Lewis v Greene [2004] 2 ERNZ 55 |
| Number of Pages | 16 |
| PDF File Link: | ca 57_07.pdf [pdf 58 KB] |