| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 212 |
| Hearing date | 25 Jan 2017 - 26 Jan 2017 (2 days) |
| Determination date | 20 July 2017 |
| Member | T Tetitaha |
| Representation | M Spillman (in person) ; D McKinnon |
| Location | Taupo |
| Parties | Spillman v Tandem Skydivinig 2002 Ltd t/a Taupo Tandem Skydiving |
| Summary | PRACTICE AND PROCEDURE – Whether applicant permanent or casual employee – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondents breach of good faith and failure to keep or produce wage records – Parachute Packer |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: All three employment agreements expressly set out that employment was on a casual basis. Applicant could refuse work. No requirement to apply for leave. No mutual obligation between parties to provide work. Applicant was casual employee. UNJUSTIFIED DISMISSAL: Work was offered on a “load by load” basis and employment ended once her “load” of packing work finished. Respondent’s refusal to offer applicant further work was fair and reasonable. Applicant’s refusal to detail her concerns or to meet with respondent ended her employment. No dismissal. PENALTY: Little evidence actions of respondent Director and Operations Manager meet tests for a remedy to be granted. No breach of good faith. No failure to keep accurate wage records. Applicant paid on a load by load basis. Record of hours not required to calculate her pay in 2015. Employer only required to record hours of work and days of work where necessary to calculate employees pay. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A ; ERA s103A(2) ; ERA s130(1)(g) ; ERA s132 ; ERA s135 |
| Cases Cited | Bay of Plenty District Health Board v Rahiri [2016] NZEmpC 67 Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) Spillman v tandem Skydiving 2002 Ltd t/a Taupo Tandem Skydiving [2017] NZERA 25 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Auckland_212.pdf [pdf 252 KB] |