| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 35 |
| Hearing date | 29 Nov 2011 |
| Determination date | 24 January 2012 |
| Member | J Crichton |
| Representation | M Abrao (in person) ; F Artus (in person) |
| Location | Tauranga |
| Parties | Abrao v Artus |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed dismissed by respondent for becoming pregnant and no longer being able to fulfil obligations of role – Respondent claimed applicant’s employment ended because there was insufficient work and needed to reduce business costs – Applicant claimed offered full time position – Respondent claimed offered applicant casual employment – Parties did not sign employment agreement – Respondent produced interview sheet which set out various terms of employment and included parties’ signatures – Applicant claimed did not sign interview sheet – Authority found document signed by both parties and represented discussions between parties prior to commencement of applicant’s employment – Found applicant offered casual work on flexible hours and for temporary period – Found wages summary document and weekly timesheets supported respondent’s evidence that applicant employed on casual basis – Found respondent’s view about reason for applicant’s employment ending preferred over applicant’s contentions – Found respondent spoke to applicant about future employment in context of work running out and reducing business costs – Dismissal justified – PARENTAL LEAVE – Applicant claimed treated unfairly in relation to application for parental leave – Found applicant made no application until after respondent had indicated unable to continue offering work – Found applicant did not understand process of applying for parental leave – Found respondent acted within legal rights in dealing with applicant’s request – PENALTY – Found respondent failed to provide applicant with written employment agreement – $500 penalty appropriate – Caf� Assistant |
| Result | Application granted (penalty) ; Penalty ($500)(Payable to applicant) ; Applications dismissed (unjustified dismissal)(parental leave) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_35.pdf [pdf 37 KB] |