Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 56A/04
Hearing date 22 Jul 2004
Determination date 18 August 2004
Member G J Wood
Representation T Petherick ; P McBride
Location Wellington
Parties Hill v The Chief Executive, Ministry of Social Development
Summary UNJUSTIFIED DISMISSAL - Applicant engaged on series of fixed term agreements to perform various roles within same department - Genuine reasons for each fixed term adequately communicated to applicant verbally and in writing - BREACH OF CONTRACT - Unsuccessful application for permanent employment - Non-appointment to vacancy could not amount to personal grievance or breach of contract - Good faith obligations to employees during fixed term did not extend to proposed employment relationships such as applications for other positions - PERSONAL GRIEVANCE - Alleged discrimination - No evidence of any form of discrimination prohibited by law
Result Application dismissed ; Costs reserved
Statutes State Sector Act 1988
Cases Cited ASTE v Christchurch College of Education [1991] 3 ERNZ 796;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323
Number of Pages 10
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