| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 126/03 |
| Hearing date | 29 Oct 2003 |
| Determination date | 25 November 2003 |
| Member | H Doyle |
| Representation | R Davidson ; R Gibson |
| Location | Christchurch |
| Parties | Loua v Lincoln Hospitality Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether fixed term agreements - Applicant employed in two separate positions as residential supervisor and assistant manager - Agreements expressed to be fixed term - No genuine reason for residential supervisor position to be fixed term - Position of indefinite duration - Applicant unjustifiably dismissed from residential supervisor position - Permanent position of assistant manager advertised and applicant applied unsuccessfully - Position of assistant manager temporary role until permanent appointment - UNJUSTIFIED DISADVANTAGE - Alleged disadvantage by selection process for assistant manager position - No disadvantage - Selection process fair - Alleged racial discrimination - No discrimination on basis of race - INJUNCTION - Application for reinstatement - Reinstatement to residential supervisor or position no less advantageous ordered - Leave reserved for further directions as to terms and conditions and amount of reimbursement of lost wages - Residential supervisor and assistant manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Unjustified disadvantage) ; Reinstatement ordered ; Costs reserved |
| Statutes | ERA s66;ERA s66(2)(b) |
| Cases Cited | Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213 |
| Number of Pages | 10 |
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