| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 298/04 |
| Hearing date | 8 Sep 2004 |
| Determination date | 17 September 2004 |
| Member | L Robinson |
| Representation | P Barradale (in person) ; G Norton |
| Location | Auckland |
| Parties | Barradale v Australasian Furniture Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant employed with no guarantee of continued employment after peak season - No written employment agreement - Dismissed unexpectedly - Dismissal actual not constructive - Employment agreement in essence fixed term agreement - End of fixed term principal reason for termination of employment - Supervening redundancy justification artificial - Insufficient advice at time fixed term agreed of when and how employment would end - Purported fixed term agreement failed to comply with s66 Employment Relations Act 2000 - No investigation - No conduct justifying termination - Dismissal substantively and procedurally unjustified - ARREARS OF WAGES - Three separate reductions of hours not raised formally with respondent at time - Applicant acquiesced and consented to reductions - No arrears owing - Sales and administration assistant |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($7,150)(10 weeks) ; Compensation for humiliation etc ($4,000) |
| Statutes | ERA s65;ERA s66;ERA s124;ERA s128;ERA s174 |
| Cases Cited | BP Oil v Northern Distribution Union [1992] 3 ERNZ 483;Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323;Pascoe v Covic Motors Limited [1994] 2 ERNZ 152;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Wellington Drivers IUOW v Fletcher Construction Co Ltd [1982] ACJ 663 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |