| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 255 |
| Hearing date | 19 Mar 2013 |
| Determination date | 17 June 2013 |
| Member | A Fitzgibbon |
| Representation | D Williamson (in person) ; S Bayldon |
| Parties | Williamson v St George Institute of Learning |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Respondent claimed applicant agreed to independent contract but upon querying contractor status parties agreed applicant covered by collective agreement - DISPUTE – Parties disputed whether position for fixed term – Whether respondent asked applicant to be permanent employee - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – English teacher |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Provisions in agreement indicative of employment. Applicant employee.;DISPUTE: Agreement for employment to be fixed-term. No promise of permanent position. Genuine reason for fixed-term. Claim for unjustified dismissal suggested fixed-term “ineffective” under collective agreement. Respondent could not rely on expiry of fixed-term as respondent failed to put reasons for termination in writing. Although fixed-term genuine did not meet statutory requirements and employment indefinite. Question answered in favour of applicant.;UNJUSTIFIED DISMISSAL: Fixed-term not valid and respondent did not follow and fair and reasonable process. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,677 reimbursement of lost wages. |
| Result | Application granted ; Question answered in favour of applicant ; Reimbursement of lost wages ($1,677.24) ; Costs to lie where they fall ; Disbursements in favour of respondent ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA – ERA s6 - ERA s66 – ERA s66(4) – ERA s66(6) - ERA s103A – ERA s103A(3) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Bryson v Three Foot Six Limited [2005] ERNZ 461;Schneller v Ranworth Healthcare Ltd (2007) NZELR 463 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_255.pdf [pdf 257 KB] |