| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 45/02 |
| Determination date | 24 April 2002 |
| Member | P Cheyne |
| Representation | A Toohey ; GK Riach |
| Location | Christchurch |
| Parties | Fitzpatrick v Pacific Flight Catering Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Failure to pay redundancy compensation - Alleged applicant a casual employee - Whether entitled to redundancy compensation under collective employment agreement - Real issue was coverage - Joined union one year after employment commenced - Deliberate failure to advise respondent of membership - Contract not signed by union until after termination of applicant's employment - Parties had specified earlier date on which agreement came into force - Union fees refunded in response to complaint about handling of case - Union had no power to declare membership void ab initio - Agreement binding on both parties at date of termination - Agreement provided for redundancy compensation - Weeks' wages" to be calculated in reference to Holidays Act 1981 - Remedies - Entitled to reimbursement of lost wages equalling earnings in previous 30 days for failure to give notice - Not appropriate to impose penalty as union membership not disclosed - Breach of obligation of trust and confidence by failure to offer same counselling opportunities as other staff - Catering assistant" |
| Result | Application granted ; Reimbursement of lost wages (30 days)(Notice) ; Compensation for humiliation etc ($1,500) ; Redundancy compensation (Quantum to be determined by parties' contractual formula) ; Interest (7 percent) ; Costs reserved |
| Statutes | ERA s4(1);ERA s4(2)(c);ERA s5;ERA s52(1)(a);ERA s52(1)(b);ERA s52(2);ERA s56(1)(a);ERA s56(1)(b);ERA s131;ERA s157(3);ERA s238;Holidays Act 1981 s16 |
| Cases Cited | Avenues Restaurant Ltd (t/a Avenues Restaurant & Wine Bar) v Northern Hotel etc IUOW [1991] 1 ERNZ 420;Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626;Bell (Inspector of Awards & Agreements) v Broadley Downs Ltd [1987] NZILR 959;NZ (with exceptions) Electrical etc IUOW v Remtron Lighting Ltd (in receivership) & Gaukrodger & Rea [1990] 1 NZILR 583;NZ Building Trades Union v Zip Commercial Interiors Ltd [1992] 2 ERNZ 489 ; [1992] 3 NZLR 653 |
| Number of Pages | 7 |
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