| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 115 |
| Hearing date | 2-Jul-15 |
| Determination date | 24 November 2015 |
| Member | M B Loftus |
| Representation | S Mitchell ; T Cleary |
| Location | Napier |
| Parties | Patey v Silver Fern Farms Ltd |
| Summary | DISPUTE - Parties disputed whether respondent failed to re-employ applicant to original role per collective employment agreement - During seasonal closure applicant engaged by respondent in alternative role and dismissed for disciplinary reasons - Whether alternative role during seasonal closure was new employment relationship |
| Abstract | DISPUTE: An employment relationship does not end by reason of seasonal closure. Applicant was dismissed in the context of ongoing employment relationship. Applicant did not challenge dismissal. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s102 |
| Cases Cited | New Zealand Meat Workers IUW v Richmond Ltd [1992] 3 ERNZ 643 (EmpC);New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 204;New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd (No 2) [2015] NZEmpC 94 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Wellington_115.pdf [pdf 154 KB] |