| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/03 |
| Hearing date | 18 Feb 2003 - 26 Feb 2003 (2 days) |
| Determination date | 13 March 2003 |
| Member | P Cheyne |
| Representation | I Thompson ; J Gibbs |
| Location | Christchurch |
| Parties | Caldwell v Mainland Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether fixed term agreement - Employed as temporary worker - Uncertainty over customer requirements - Reason never communicated to applicant - Repeated extensions of temporary employment - Possibility of permanent position discussed - Applicant concerned about inflexibility of permanent position - Not offered position because respondent believed applicant would not accept - Employment terminated - Did not comply with promise to give two weeks notice - No reasonable grounds for fixed term agreement at time of last extension - Not a temporary worker - Unjustified dismissal - Breach of trust and confidence - Implied that applicant did not have necessary skills and stated that respondent would externally advertise permanent positions - Section 64 Employment Relations Act 2000 inapplicable since binding collective employment agreement |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s64;ERA s64(2);ERA s65;ERA s66;ERA s66(1);ERA s135(5);ERA s161(1);EAR r5 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |