| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 336 |
| Hearing date | 24 Jul 2017 - 25 Jul 2017 (2 days) |
| Determination date | 26 October 2017 |
| Member | N Craig |
| Representation | C Stewart, E Taylor ; A Scott-Howman |
| Location | Auckland |
| Parties | Warren v T R Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Dismissal – Validity of fixed term agreement – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s breach of good faith obligations – Project Manager and Business Analyst |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant was not offered a permanent position. Completion of project genuine reason based on reasonable grounds for adoption of fixed term agreement. Fixed term agreement valid. Respondent terminated agreement before project complete by withdrawing offer of extension after applicant refused to agree not to pursue claim. Respondent did not act as fair and reasonable employer. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $10,207 reimbursement of lost wages. $6,000 compensation appropriate.;PENALTY: Respondent breached duty of good faith when became prejudiced against applicant after applicant sought legal representation. $2,000 penalty appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($10,207.37) ; Compensation for humiliation etc ($6,000) ; Penalty ($1,500)(payable to applicant)($500)(payable to Crown) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 ; ERA s 66(1)(a) ; ERA s66(2) ; ERA s66(2)(a) ; ERA s66(3)(b) ; ERA s66(4) ; ERA s128(1)(b) ; ERA s128(2) ; ERA s174E |
| Cases Cited | Greens Industry Ltd v Barton [2005] 7 NZELC 97,995 (EmpC);Wright v V Farms Ltd [2012] NZERA Auckland 122 |
| Number of Pages | 21 |
| PDF File Link: | 2017_NZERA_Auckland_336.pdf [pdf 244 KB] |