| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 82/01 |
| Determination date | 11 July 2001 |
| Member | WRC Gardiner |
| Representation | A Hope ; H Fulton |
| Location | Hamilton |
| Parties | Rooke v J Swap Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether casual or permanent employee - Two periods where no work for applicant - Advised work had run out but to keep checking - Found temporary alternative employment during one period of no work - Considered himself dismissed after second period - UNJUSTIFIED DISADVANTAGE - Grievance submitted out of time - Heard as an arrears of wages claim - Claimed wages for periods of no work - Credibility - Evidence of respondent's witnesses preferred - Respondent's work seasonal - Applicant told he was casual worker - At no time was he dismissed - No arrears of wages - Road transport worker |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114(1);ERA s157(1) |
| Cases Cited | Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Northern Clerical etc Workers Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |