Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 304/04
Hearing date 29 Jul 2004
Determination date 21 September 2004
Member L Robinson
Representation P Pa'u ; G Pollak
Location Auckland
Parties Sowman v Sensation Yachts Ltd
Summary UNJUSTIFIED DISMISSAL - Whether dismissal or expiry of fixed term agreement - Agreed to 90-day fixed term employment - Whether agreed to additional term of two years - Employment ended after 90 days - Intention stated to be that agreement be renewed for 2 year period - No agreement for further two years but just statement of intention - Genuine reasons based on reasonable grounds for fixed term - No express or implied promise of renewal - No evidence of conduct by respondent which created legitimate expectation of renewal - Expiry of fixed term contract not dismissal - Boat builder
Result Application dismissed ; Costs reserved
Statutes ERA s66;ERA s174
Cases Cited Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323
Number of Pages 6
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