Service and Food Workers Union Nga Ringa Tota Inc and others v OCS Limited - SC 124/2011
Summary
Employment – Employment Relations Act 2000, ss 69N(3) and 69O – Relationship between the Act and the parties’ (collective) employment agreement – Express exclusion of monetary compensation for redundancy by terms of agreement, with alternative forms of entitlement also provided for – Whether the Court of Appeal erred in holding that appellants are not entitled to seek (bargain for) appropriate redundancy entitlements under the Act [2011] NZCA 597 CA 865/2010
Result
Leave to appeal is granted.
The approved questions are whether, and if so to what extent, the multi-employer collective employment agreement precludes the second appellants from bargaining for redundancy entitlements under s 69N of the Employment Relations Act 2000.
28 February 2012
_________________________
The appeal is allowed.
The orders made by the Court of Appeal are set aside.
The orders made by the Employment Court are reinstated.
9 August 2012
Additional Information
Tipping, McGrath, William Young, Gault, Blanchard JJ.