| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/04 |
| Hearing date | 9 May 2003 |
| Determination date | 16 March 2004 |
| Member | A Dumbleton |
| Representation | A McKenzie ; O Paulsen |
| Location | Christchurch |
| Parties | McCready v Pacifica Shipping (1985) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant performed work for respondent when required - Respondent ceased offering work - Applicant initially agreed to work as casual employee - No variation to nature of employment at any point - Outward appearance of permanent employment did not reflect true basis of relationship - Employment relationship ceased between each separate engagement - No obligation to offer further engagements - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Applicant not employee when respondent failed to offer further engagements as employment relationship ceased at end of each engagement - No standing to bring unjustified disadvantage grievance - In any case, failure to re-engage not disadvantage to on the job" situation - ARREARS OF HOLIDAY PAY - As casual employee applicant not entitled to pay for statutory holidays not worked - Therefore no "days in lieu" owing - "Pay as you go" holiday pay arrangement lawful and accepted by applicant - No further payment owing at end of employment - Separate engagements not cumulative for purpose of entitlement to holiday pay - Six months' employment threshold not met - OTHER MONIES - No contractual right to meal allowances - Casual wharf worker" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s64;Holidays Act 1981 s7A;Holidays Act 1981 s21;Holidays Act 1981 s30A |
| Cases Cited | Barnes v Whangarei RSA (Inc) [1997] ERNZ 626;Drake Personnel (NZ) Ltd v Taylor [1995] 2 ERNZ 67;Drake Personnel (NZ) Ltd v Taylor [1996] 1 ERNZ 324;Gladstone Milkbar v Henning [1998] 1 ERNZ 117;Pacific Flight Catering v Fitzpatrick [2003] 1 ERNZ 192;Wellington Area Health Board v Wellington Hotel etc Trade Union [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 7 |
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