| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 311/03 |
| Hearing date | 21 Jul 2003 |
| Determination date | 15 October 2003 |
| Member | R A Monaghan |
| Representation | S McAnally ; J Latimer |
| Location | Auckland |
| Parties | Marshall v Conway Shipping Ltd t/a Seatrade New Zealand |
| Summary | UNJUSTIFIED DISMISSAL - Genuine fixed term contract - Fixed term linked to shipping contracts - Valid 12 month fixed term agreement - Applicant indicated would retire on termination of contract - Deterioration in working relationship between applicant and respondent's managing director - Dismissed on grounds that working relationship untenable but payment in lieu for rest of fixed term - Sufficient level of incompatibility to have potential to justify dismissal - No blameworthy causative behaviour by applicant - Dismissal unjustified - Remedies - Reinstatement not practicable - Reinstatement would have returned parties to untenable state of affairs -Position no longer existed as fixed term expired and restructuring occurred - No reimbursement of lost wages since fixed term and had received payment up to that date - No loss of reputation since made known would retire - Not appropriate to award compensation - Alleged respondent agreed to meet golf membership fees - No evidence of agreement to meet fees when applicant not employee |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s66;ERA s125(2) |
| Cases Cited | BP Oil NZ Ltd v NID Distribution Workers etc IUOW [1989] 3 NZILR 276;Mabry v West Auckland Living Skills Homes Trust Board Inc unreported, Travis J `9 December 2001, AC 86/01;NZ Fire Service Commission v Reid [1998] 2 ERNZ 250;Reid v New Zealand Fire Service Commission [1999] 1 ERNZ 104 |
| Number of Pages | 11 |
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