| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 202/09 |
| Hearing date | 8 Jun 2009 |
| Determination date | 24 June 2009 |
| Member | V Campbell |
| Representation | K Bern (in person) ; D King |
| Location | Tauranga |
| Parties | Bern v New Zealand Flax Hybridisers Ltd |
| Summary | DISPUTE – Interpretation of individual employment agreement (“IEA”) – Respondent terminated applicant’s employment with 2 weeks notice - Applicant claimed dismissed for redundancy so entitled to 4 weeks notice under IEA – Respondent argued entitled to 2 weeks notice as no redundancy – IEA defined redundancy as position becoming surplus to business requirements – Authority found cause of dismissal that respondent could not afford to keep applicant’s position due to economic climate and lack of cash flow - Found respondent restructured position to meet economic needs of business – Found position therefore surplus to business requirements, within redundancy definition in IEA – Applicant redundant pursuant to IEA and entitled to 4 weeks notice of termination – Applicant entitled to 2 weeks arrears of wages as difference – COSTS - Applicant represented self – Applicant entitled to filing fee |
| Result | Arrears of wages ($1,068.76)(2 weeks) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Dispute |
| Number of Pages | 3 |
| PDF File Link: | aa 202_09.pdf [pdf 13 KB] |