| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282B/10 |
| Determination date | 24 September 2010 |
| Member | D King |
| Representation | K Beck, K Jones ; D Erickson |
| Location | Auckland |
| Parties | Eastern Bay Independent Industrial Workers Union Inc. and Ors v Carter Holt Harvey Ltd |
| Other Parties | Moengaroa, Ohlson, Mokomoko, Pomare, Tait |
| Summary | PRACTICE AND PROCEDURE – Determination addressed amount of lost remuneration owed to applicants – Parties agreed starting point to determine period which lost remuneration to be awarded – Applicants claimed if respondent had undertaken proper consultation process would have needed to address previous Court decision – Claimed process would have taken at least two weeks and would have been unlikely to have concluded earlier – Applicants claimed entitled to award of lost wages from 7 January 2010 until 7 April 2010 – Second applicants took reasonable steps to obtain alternative employment, however, three applicants did not obtain permanent employment for some weeks – Applicants claimed entitled to three months lost wages in amounts claimed – Respondent argued issue was what income applicants lost as result of procedural deficiencies as opposed to genuine redundancy situation – Respondent argued giving proper notice and ensuring presence of applicants at meeting to communicate decision likely to have delayed implementation by days not weeks – Authority found consultation regarding substantive matter had been concluded – Found proper implementation would not have significantly delayed effective date of dismissals – Found at best applicants deprived of opportunity to apply for ongoing work of different nature – Respondent argued appropriate award would be in range of two weeks to month – Authority noted awards of lost remuneration in cases of genuine redundancy limited to income lost as result of procedural deficiencies – Found procedural deficiencies would hypothetically have resulted in six week period for which lost remuneration could be awarded – Orders made concerning payments |
| Result | Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | aa 282b_10.pdf [pdf 14 KB] |