| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 118/03 |
| Hearing date | 13 Aug 2003 |
| Determination date | 25 August 2003 |
| Member | G J Wood |
| Representation | JA Burney ; W Harvey |
| Location | Napier |
| Parties | Warren v AMCOR Food Packaging NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Whether offer and acceptance of employment - Whether should have been offered position pursuant to collective agreement - Respondent relied on seasonal employees - Three types of employees under CA - Permanent, temporary and casual - Applicant had moved from temporary to casual employee - Manager enquired into appointing applicant to another temporary position next season - Employees expressed concern about working with applicant - Applicant not appointed - Alleged preference provisions required appointment of existing temporary staff - Credibility - Respondent's evidence preferred - No offer of employment - Preference provision did not favour applicant as position filled by temporary worker - Employment Relations Act 2000 unlike Employment Contracts Act 1991 allowed certain terms and conditions to survive termination |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476 |
| Number of Pages | 7 |
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