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Judge to sort stalemate

Tranzit NZ head office, Dixon Street Masterton. PHOTO/KAREN COLTMAN

KAREN COLTMAN

[email protected]

Tranzit and one of their school bus drivers, Paul Morgan have been ordered to appear before an Employment Court judge in Wellington due to no progress being made between the parties after an earlier judgement went in favour of the driver.

On Monday, Tranzit lodged its opposition to “several matters”, but did not appeal Chief Judge Christina Inglis’s ruling of May 28.

Inglis ruled that the termination of Morgan’s fixed-term contractual employment in December 2014 and 2017 had no effect and Morgan was to be treated as though he was a permanent employee throughout this period. Any accrued entitlements would be assessed on that basis.

Because no mediation has occurred between the two parties, a Directions Conference is now set down for Wednesday, November 6.

How the case will progress will arise from this conference.

After twice filing for an extension to oppose the ruling, Tranzit had until Monday to file a notice of opposition, but they did not appeal it.

They do however object to some detail in it.

The Times-Age received a statement this week from the company’s spokesperson.

“Tranzit has not appealed the Judge’s ruling. However, there are several matters undecided by the court.

“Tranzit is opposing Mr Morgan’s applications relating to several of those undecided issues. As these are still before the court, we are unable to make any further comment.”

Graeme Clarke, acting for Paul Morgan who is a member of the Tramways union, said there were no matters to be decided by the court.

“It is about how and when to give Paul Morgan his owed money and leave.

“This should’ve been sorted out by now through mediation.

“I have asked Tranzit twice now if Paul Morgan would be given annual leave this Christmas, but they won’t give anyone an answer and this is all part of the company’s breaching of good faith,” Clarke said.

The Times-Age asked Tranzit if they could confirm that it had been approached by the union for mediation and it said, “unfortunately Tranzit is unable to comment on that”.

 

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