| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 309 |
| Hearing date | 29-Sep-17 |
| Determination date | 06 October 2017 |
| Member | A Fitzgibbon |
| Representation | J Hall (in person) ; S Morelli (in person) |
| Location | Auckland |
| Parties | Hall v Stephanie Morelli t/a Love & Mr Lewis |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Casual Florist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant casual employee. Applicant worked as and when required. Practice evidenced by emails. Applicant did not seek further work after contacting employer via text message three times where respondent informed applicant that they were not required to work. Respondent’s failure to contact applicant could not have amounted to dismissal. Respondent not required to provide paid parental leave based on applicant’s employment status. No dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2);ERA s174E;Parental Leave and Employment Protection Act 1987 s2BA |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_309.pdf [pdf 186 KB] |