| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 354 |
| Hearing date | 8 Aug 2012 |
| Determination date | 10 October 2012 |
| Member | K J Anderson |
| Representation | S Teng (in person) ; N Dawson |
| Location | Tauranga |
| Parties | Teng v Aongatete Coolstores Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority noted applicant not pursuing personal grievance specifically but any grievance not raised within 90 days – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant employed on seasonal basis with each season being distinct and separate fixed term of employment – No dismissal |
| Abstract | Applicant claimed unjustifiably dismissed by respondent. Applicant employed in respondent’s kiwifruit packing operations on seasonal basis for five years. Applicant employed on series of fixed term employment agreements (“EA”). After problems arose during final season of employment applicant returned to Malaysia to find letter from respondent stating applicant would not be employed for following year’s season.;AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Authority noted applicant not pursuing personal grievance specifically but any grievance not raised within 90 days.;UNJUSTIFIED DISMISSAL: Applicant’s EA valid fixed term EA. Applicant employed on seasonal basis with each season being distinct and separate fixed term of employment. No assurance applicant would be employed in following season. No dismissal. Authority noted respondent failed to act in good faith and penalty may have been appropriate in different circumstances. |
| Result | Applications dismissed; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s66;ERA s160(3) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_354.pdf [pdf 101 KB] |