| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 349 |
| Hearing date | 19 Mar 2013 - 20 March 2013 (2 days) |
| Determination date | 08 August 2013 |
| Member | T G Tetitaha |
| Representation | D Grindle, E Smith ; D Watson, L Crawford |
| Parties | Chant v Anglesea Consulting Ltd |
| Summary | JURISDICTION – Whether applicant employee or independent contractor – Applicant employed by individual (“O”) prior to O’s death – Respondent asked applicant to continue working following O’s death – Whether offer amounted to offer of employment – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Whether applicant casual employee – Parties negotiating new employment agreement – Applicant disobeyed instruction not to use unwarranted motor vehicle – High-cell counts in milk - Little farm work completed – Applicant alleged to have taken drugs and/or cultivated cannabis – Applicant alleged to have left farm in unacceptable state – Offer of new employment agreement withdrawn – Applicant required to vacate premises – Contract milker |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant’s employment with O terminated upon O’s death. Respondent’s experience as farmer and conduct led to inference offer was for paid work. No expectation of ongoing employment. Parties’ conduct indicated applicant considered as replacement for O. Applicant employee.;UNJUSTIFIED DISMISSAL: Applicant not casual employee. Two weeks worked continuous. Withdrawal of offer of employment and requirement applicant vacate premises amounted to dismissal. Dismissal based on poor performance allegations. Witness gave evidence applicant showing symptoms of methamphetamine use. Respondent received demerit points and fine for poor milk quality. Concerns not raised prior to dismissal. No opportunity for applicant to respond to allegations. Explanations not considered. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. $2,500 compensation appropriate. |
| Result | Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6(1)(a);ERA s6(2);ERA s6(3)(a);ERA s6(3)(b);ERA s103A(3);ERA s103A(5);ERA s124;ERA s128;ERA s128(2) |
| Cases Cited | Bryson v Three Foot Six Ltd (No 2) [2005] ERNZ 372 ; [2005] 3 NZLR 721;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;Inspector of Awards and Agreements v Religious Society of Friends (Quakers) Wellington Monthly Meeting [1984] ACJ 409;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225;Lee v Minor Developments Ltd t/a Before Six Childcare Centre unreported, Shaw J, 23 December 2008, AC52/08;Page v Waipu Citizens and Services Club Inc unreported, Travis J, 27 January 1998, AEC1/98 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_349.pdf [pdf 169 KB] |