| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 393 |
| Hearing date | 16 - 17 Sept 2015 (2 days) |
| Determination date | 10 December 2015 |
| Member | Vicki Campbell |
| Representation | B Molloy ; G Whiteford |
| Location | Auckland |
| Parties | Finau v The Tongan Health Society Inc |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant fixed term employee – Acting CEO |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant not employed under valid fixed term agreement, but did not elect to treat fixed term as ineffective. Applicant aware role would no longer be required when permanent appointment made. Applicant involved in appointment process. Respondent provided evidence that applicant welcomed news of new CEO appointment. Applicant acknowledged employment ended 30 September 2013. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s 66;ERA s 66(4);ERA s 66(6);ERA s 174E |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_393.pdf [pdf 258 KB] |