| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 120 |
| Hearing date | 31-May-16 |
| Determination date | 03 October 2016 |
| Member | T MacKinnon |
| Representation | B Buckett ; M Edwards |
| Location | Wellington |
| Parties | Tulloch v Hays Specialist Recruitment (Australia) Pty Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether applicant permanent, fixed-term or casual employee - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalties for respondent’s breach of good faith and failure to bargain fairly - Electrician |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Employment agreement (“EA”) did not obligate respondent to offer applicant work and or obligate applicant to accept work. No entitlement to wages or holiday between assignments. Applicant casual employee.UNJUSTIFIED DISMISSAL: Applicant not dismissed by being told of end of assignment with third party. EA did not require respondent to consult about end of assignment. No dismissal.PENALTY – GOOD FAITH: Respondent did not require applicant to sign EA immediately. Applicant chose to sign immediately. No unfair bargaining. Respondent made reasonable and regular contact with applicant throughout assignment with third party. No breach of good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s4(1A) ; ERA s4A ; ERA s63A ; ERA s66 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Wellington_120.pdf [pdf 133 KB] |