| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 521/10 |
| Hearing date | 25 Nov 2010 |
| Determination date | 20 December 2010 |
| Member | R Arthur |
| Representation | A McInally ; G Bevan, G Peachey |
| Location | Auckland |
| Parties | Pascoe v APN Print NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by not being paid redundancy compensation – Respondent began process of closing operation at worksite 1 and having same work completed worksite 2 – Applicant required to travel extra 3 kilometres in journey from home to work to complete work at worksite 2 – Respondent concluded no further work for applicant at worksite 1 and wanted to continue using applicant at worksite 2 – Applicant claimed positions would be redundant once work at worksite 1 complete and eligible for redundancy compensation unless agreed to work elsewhere – Respondent argued reading collective employment agreement (“CEA”) as a whole showed work from other locations was contemplated – Respondent argued applicant was not surplus to its requirements within redundancy definition in EA – Authority found on plain reading of EA worksite 1 intended by parties as primary location of applicants work – Found redundancy definition applied where respondent no longer required applicant at worksite 1 – Found respondent had different CEAs for different sites – Found parties intentions in specifying location also apparent in redundancy provisions – Found respondent’s direction to work permanently at a different location was more than the temporary application of the servicing requirements – Found respondent not entitled to make direction under CEA – Found applicant made redundant and entitled to compensation – Interest awarded – Orders made |
| Result | Application dismissed (Disadvantage) ; Orders made ; Recovery of monies (redundancy compensation) ; Interest (Quantum to be determined) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s174 |
| Cases Cited | General Distributors Limited v National Distribution Union (2007) 8 NZELC 99,043;McCain Foods (NZ) Ltd v Service & Food Workers Union Inc [2004] 2 ERNZ 252;NZ Engineering IUOW v Dunlop NZ Limited (1987) NZELC 95,473;NZ Printing IUOW v Sigma Print Ltd [1979] ACJ 279;Sanson v ARC [1999] 2 ERNZ 597;Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc;unreported, Judge Perkins, 10 August 2006, AC 44/06;Swale v AFFCO New Zealand Limited unreported, EC, 18 December 2000, AC 100/00 |
| Number of Pages | 11 |
| PDF File Link: | aa 521_10.pdf [pdf 53 KB] |