| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/02 |
| Hearing date | 18 Mar 2002 - 19 Mar 2002 (2 days) |
| Determination date | 01 May 2002 |
| Member | K J Anderson |
| Representation | H White ; D Humphery-Smith |
| Location | Auckland |
| Parties | Malone v Malaysia Airline System BHD (NZ) Ltd |
| Summary | COMPLIANCE ORDER - Compliance with employment agreement sought - Redundancy - Decision made to cease services in New Zealand - Notified of termination for redundancy and entitlement to redundancy compensation - Decision made to retain New Zealand services - Redundancy notice revoked - Disputed revocation of notice - Sought redundancy compensation - Employment agreement provided compensation to be paid when position declared redundant - Words of redundancy clause plain and unambiguous - Could not unilaterally withdraw notice - Subsequent withdrawal of notice amounted to offer of new employment - Entitled to reject offer - Compliance with employment agreement ordered - Redundancy compensation payable - UNJUSTIFIED DISADVANTAGE - Alleged made financial commitments in anticipation of redundancy compensation - Commitments made before redundancy confirmed - Respondent too remote to be accountable for any loss suffered - Disadvantage claim not made out |
| Result | Application granted in part ; Compliance order granted ; Redundancy compensation ($16,002.40) ; Interest (6 percent) ; Costs reserved |
| Statutes | ERA s137;ERA s138 |
| Cases Cited | Harris and Russell Ltd v Slingsby [1973] 3 All ER 31;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;NZ Labourers etc IUOW v Hodder & Tolley Ltd [1989] 1 NZILR 431;Selu v Spotless Services (NZ) Ltd [1998] 3 ERNZ 57 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |