| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 71 |
| Determination date | 13 June 2013 |
| Member | M Ryan |
| Representation | G Ogilvie ; M Gould |
| Parties | Taurerewa v Total Property Services (Wellington) Ltd |
| Summary | PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Identity of employer – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent - Respondent’s contract for cleaning medical centre ended and applicant elected to transfer to new contractor (“C”) – C failed to provide applicant work – DISPUTE – Parties disputed application of notice provisions in applicant’s employment agreement - Cleaner |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Authority previously determined C as applicant’s employer. Respondent not employer at time of dismissal. No dismissal by respondent. No unjustified disadvantage.; DISPUTE: Clause applied when applicant not employed by new contractor. Previous determination found applicant employed by subsequent contractor. No entitlement to notice when applicant elected to transfer employment. Question answered in favour of respondent. |
| Result | Application dismissed; Question answered in favour of respondent; Costs reserved. |
| Main Category | Practice & Procedure |
| Statutes | ERA Part 6A - ERA s69I(1) - ERA s69I(2) – ERA s69I(3) |
| Cases Cited | Taurerewa v Cobb [2013] NZERA Wellington 70 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Wellington_71.pdf [pdf 205 KB] |