| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108/08 |
| Hearing date | 28 Aug 2007 : 17 January 2008 (2 days) |
| Determination date | 21 August 2008 |
| Member | A Dumbleton |
| Representation | S Mitchell ; G Carter, V Donaghy |
| Location | Wellington |
| Parties | New Zealand Meat Workers Union v PPCS Ltd |
| Summary | DISPUTE – Applicant sought declaration night boners on three night boning (“3NB”) shift redundant under collective employment agreement (“CEA”) one and a half years prior – Flood caused early closure of 3NB shift, and shift not resumed in following season – Applicant accepted redundancy situation not created by early closure of 3NB shift by reason of flooding, as employment was seasonal – Applicant claimed 3NB shift workers redundant when not called back to work following seasonal lay off – Respondent argued affected workers employed in position of “meat workers” not “3NB shift workers” and that no redundancy situation as not offered same or similar work for following season – Parties accepted 3NB shift not resumed and respondent offered employees on 3NB shift permanent employment on three day boning (“3DB”) shift – Some employees accepted while others did not – Authority found respondent sought to re-employ employees – Authority found NZ Meat Processors etc IUOW v Alliance Freezing Co (Southland) Ltd [1991] 1 ERNZ 1213 applied – Found those employed on 3NB shift who were offered permanent work on 3DB shift not redundant in meaning of CEA – Found day position was suitable alternative to night position – Found loss of position but no loss of employment – Found workers not superfluous to respondent’s needs and core functions of work remained same - Authority found shift workers concerned not redundant for purposes of CEA - Night boners |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | NZ Meat Processors etc IUOW v Alliance Freezing Co (Southland) Ltd [1991] 1 ERNZ 1213 |
| Number of Pages | 6 |
| PDF File Link: | wa 108_08.pdf [pdf 24 KB] |