| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 72 |
| Determination date | 10 July 2014 |
| Member | M Ryan |
| Representation | G O'Sullivan ; C Meechan |
| Parties | Hutchison v Canon New Zealand Ltd |
| Summary | JURISDICTION - Whether Authority had jurisdiction to hear and determine applicant's personal grievance - 90 day trial period - Applicant claimed person intending to work therefore employee - Applicant given written notice of termination after 90 day trial period |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant not employee prior to entering employment agreement. Trial period clause clear and complied with statutory requirements. Respondents ability to terminate employment during trial period dependent on employer giving notice to applicant before end of trial period. Unable to conclude respondent complied with requirement regarding notice. Trial provision defective. Applicant not precluded from bringing personal grievance. |
| Result | Application granted; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s5;ERA s6;ERA s6(1)(b)(ii);ERA s67A;ERA s67B |
| Cases Cited | Blackmore v Honick Properties Ltd [2011] NZEmpC 152;Goodman Fielder Wattie Agri-Products Ltd v Gibson [1995] 2 ERNZ 323;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_72.pdf [pdf 173 KB] |