| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 45/04 |
| Hearing date | 12 Nov 2003 |
| Determination date | 05 February 2004 |
| Member | M Urlich |
| Representation | G Bowater ; A Martin |
| Location | Auckland |
| Parties | Bowater v Ministry of Education |
| Summary | UNJUSTIFIED DISMISSAL - Fixed term agreement - 5 successive agreements - Final appointment to cover period before permanent position established - Applicant unsuccessfully applied for new position - Intended appointee declined position - Fixed term and permanent positions markedly different - Genuine reasons for fixed term position - Reasons altered or changed before expiry of agreement - Reasons only needed to exist at beginning of term - Reasons effectively conveyed to applicant - Expiry of genuine fixed term agreement not dismissal - UNJUSTIFIED DISADVANTAGE - Alleged failure to review appointment process as required by s65 of the State Sector Act 1988 - Appointment never finalised as appointee declined position - Employee seconded to fill position in interim - Review only available where person appointed to position - No unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s66;ERA s66(2)(b);State Sector Act 1988 s65 |
| Cases Cited | Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 |
| Number of Pages | 7 |
| PDF File Link: | aa 45_04.pdf [pdf 34 KB] |