| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 100 |
| Hearing date | 7-Jul-17 |
| Determination date | 06 October 2017 |
| Member | M Loftus |
| Representation | R Ingram ; D Lee-Jones (in person), C Douglas (in person) |
| Location | Whanganui |
| Parties | Stewart v Lee-Jones & Anor |
| Other Parties | Douglas |
| Summary | UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual, fixed or permanent employee - Farmworker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Employment arrangement not intended to be ongoing. Language of employment agreement indicative of fixed term. Applicant expected to work. Applicant engaged to fill in pending appointment of permanent employee. Employment arrangement was series of fixed terms. Agreement did not comply with requirements for fixed terms. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,705 reimbursement of lost wages. No compensation appropriate. |
| Result | Applicant granted ; Reimbursement of lost wages ($7,705) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 ; ERA s66(1) ; ERA s66(4) ; ERA s66(6) ; s103(1)(c)(i) ; ERA s103A(3)(b) ; ERA s103A(3)(d) ; ERA s128 ; ERA s128(2) |
| Cases Cited | Muldoon v Nelson Marlborough District Health Board [2011] NZEmpC 103; [2011] ERNZ 271;Shortland v Alexander Construction Company Ltd [2010] NZEmpC 41 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_100.pdf [pdf 165 KB] |