| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 49 |
| Hearing date | 4 Feb 2014 |
| Determination date | 19 May 2014 |
| Member | G J Wood |
| Representation | R McCabe ; G Stone |
| Location | Wellington |
| Parties | Moore v Airwork Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant continued as casual employee after position made redundant - Applicant commuted to different city for casual work - Whether applicant treated fairly in casual employment after personal grievance raised - Whether applicant dismissed when not rostered for further work - ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant entitled to be paid for time spent travelling between cities - Pilot |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent made genuine decision to close operations in applicant's home city. Artificial for respondent to exercise right in applicant's employment agreement to require applicant to relocate to different city given applicant clear did not want to transfer and no full time position available in different city. Redundancy genuine. Dismissal justified. Applicant did not have entitlement to be appointed to any particular position and open to respondent not to consider applicant's suggested commuting arrangements as sufficiently reliable. Not true casual relationship after applicant's position redundant but applicant treated fairly under rostering arrangements. No dismissal.;ARREARS OF WAGES: Casual employment agreement clear applicant's place of work different city to home city. Applicant not entitled to be paid for travel time when flying between home city and other city. Applicant entitled to be paid for travel if required to work shifts from locations other than place of work as such travel at respondent's choice. Leave reserved for parties to return to Authority if unable to agree on any sums owed to applicant for travel. |
| Result | Application partially granted (arrears of wages) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225;Rittson-Thomas (t/as Totara Hills Farm) v Davidson (2013) 10 NZELR 391 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_49.pdf [pdf 174 KB] |