Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 9/04
Hearing date 7 Oct 2003
Determination date 02 February 2004
Member P Montgomery
Representation D Erickson, S Lucas ; M Hardy-Jones
Location Christchurch
Parties Wootton v Te Runanga A Rangitane O Wairau
Summary UNJUSTIFIED DISMISSAL - Whether fixed term employee - Whether fixed term extended by variation - Previously employed by respondent - Employed in temporary position while co-worker on parental leave - Co-worker dismissed - Applicant asked to stay on in position - No formal variation recorded - Applicant entitled to treat offer to stay on as offer of permanent employment - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Workplace stress - Reduction in staff numbers significantly increased workload - Although not ideal workload not unreasonable - Manager failed to effectively address applicant's concerns by failing to pass on complaints to trustees - Unjustified disadvantage established
Result Application granted ; Reimbursement of lost wages (13 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved
Number of Pages 5
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