| 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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