| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 129/03 |
| Hearing date | 26 Aug 2003 |
| Determination date | 12 September 2003 |
| Member | G J Wood |
| Representation | G O'Sullivan ; A Martin |
| Location | Wellington |
| Parties | McMillan v Attorney-General in respect of the Chief of Defence Force of the New Zealand Defence Force |
| Summary | UNFAIR BARGAINING - Fixed term agreement - Alleged induced into entering into agreement by misrepresentations and lack of good faith - Respondent accepted bargaining unfair - No binding guarantees of ongoing employment - Term of agreement that if military dental officer became available employment would be terminated - Military officer became available and employment agreement not renewed - Not informed of entitlement to seek independent advice - Unfair bargaining since no information or opportunity to seek independent advice - Not induced into entering into agreement by any misrepresentations - Same considerations for compensation under s69(1)(a) Employment Relations Act 2000 as under s57 Employment Contracts Act 1991 - No lost remuneration - Unlikely situation would have been any different if opportunity to seek independent advice - No award made for removal expenses - Dental officer |
| Result | Application granted ; Compensation ($2,000) Costs reserved |
| Statutes | ECA s57;ERA s64;ERA s69(1);ERA s69(1)(a) |
| Cases Cited | Harrison v Tuckers Wool Processors Ltd [2000] ERNZ 572;Transportation Auckland Corporation Ltd v Marsh [1997] ERNZ 532 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |