| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 23 |
| Hearing date | 28 Jan 2011 |
| Determination date | 03 February 2011 |
| Member | H Doyle |
| Representation | L Chappell ; no appearance |
| Location | Christchurch |
| Parties | Davies and Ors v Timaru Bus Services Ltd |
| Other Parties | Reece, Vevers |
| Summary | ARREARS OF REDUNDANCY COMPENSATION – Applicants sought unpaid redundancy compensation – Applicants dismissed for redundancy after respondent unsuccessful in securing tender for urban bus routes – Respondent attempted to facilitate employment with new operator – Applicants successful in obtaining employment with new operator – Applicants received final payslips which provided for redundancy compensation – Applicants received amended payslips which did not include redundancy compensation – Applicants advised no redundancy compensation payable because applicants transferred to new employer on comparable terms – Authority found collective employment agreement (“CEA”) required respondent to consult with union on implications of sale or transfer of respondent’s business – Found respondent failed to comply with CEA – Found no sale or transfer of respondent’s business to new operator – New operator claimed no negotiation about transfer of employees with respondent – Found applicants obtained positions with new operator by applying in usual way – Found applicants treated as new employees – Found applicants entitled to redundancy compensation in accordance with CEA – Interest payable – Urban Bus Drivers |
| Result | Application granted ; Arrears of redundancy compensation ($1,373.60)(first applicant) ($685.51)(second applicant) ($703.42)(third applicant) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicants ($420)(Travel, accommodation and filing fee) |
| Main Category | Arrears |
| Statutes | ERA Part 6A |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_23.pdf [pdf 26 KB] |