| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 106 |
| Hearing date | 24 Jun 2014 |
| Determination date | 22 July 2014 |
| Member | C Hickey |
| Representation | P Holland (in person) ; J van den Bosch, G van den Bosch |
| Location | Ashburton |
| Parties | Holland v Bosch Irrigation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Refusal to offer applicant further work because of belief applicant falsifying timesheets - No employment agreement - Previous triangular employment relationship |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent not obliged to offer work to applicant and applicant not obliged to accept work. Applicant did not consider self bound to accept all work offered and respondent accepted that applicant entitled to choose not to work. Parties viewed relationship as casual at all times and behaved accordingly. Applicant did not have obligation to respondent outside periods of work. Applicant casual employee. No dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s174 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_106.pdf [pdf 228 KB] |