| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 47 |
| Hearing date | 27-Mar-18 |
| Determination date | 17 April 2018 |
| Member | D Appleton |
| Representation | Mr X ; R Harrison, A Russell, E Dowse (Co-Counsel) |
| Location | Christchurch |
| Parties | A Teacher v A School Board of Trustees |
| Summary | PRACTICE AND PROCEDURE – Whether applicant in employment relationship with respondent – JURISDICTION – Whether applicant employee – Relief Teacher |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: No individual employment agreement signed by applicant. Applicant employed pursuant to terms which mirrored those of Secondary Teachers’ Collective Agreement. Applicant prima facie casual employee. Applicant not obliged to accept offers of employment from school. Nature of work unpredictable and applicant could not rely on offers of work every week. Lack of mutual obligations. Applicant had some employment rights despite casual status. Respondent did not owe good faith duty to applicant in between short-term relief engagements. No good faith duty owed when respondent removed applicant from pool of short term relief teachers outside a period of engagement. Applicant casual employee. JURISDICTION: Authority has no jurisdiction to investigate the fairness of the schools decision to make a report to the Education Council. No jurisdiction. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Education Act 1989 s66;Education Act 1989 s66;ERA s4(1);ERA s4(1A);ERA s(2);ERA s6;Holidays Act s28;Holidays Act s63;State Sector Act 1988 s23;State Sector Act 1988 s74(5);State Sector Act 1988 s75(1);State Sector Act 1988 s75(2);State Sector Act 1988 s75(3) |
| Cases Cited | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc [2016] NZCA 482;AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc [2017] NZSC 135;Bay of Plenty District Health Board v Rahiri [2016] NZEmpC 67;James v New Zealand Vineyard Estates Ltd ERA Christchurch CA 105/10, 30 April 2010;Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);New Zealand Professional Fire Fighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149;Pearson v Aotearoa Coolstores Ltd ERA Wellington WA 136/10, 27 August 2010;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZSC 5 |
| Number of Pages | 29 |
| PDF File Link: | 2018_NZERA_Christchurch_47.pdf [pdf 196 KB] |