| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/04 |
| Hearing date | 12 Jul 2004 |
| Determination date | 24 September 2004 |
| Member | K J Anderson |
| Representation | J Watson ; S Menzies |
| Location | Auckland |
| Parties | Mather v Waikato Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Fixed-term agreement - Applicant employed to cover maternity leave - Decided to make applicant's position redundant - Told applicant position would be disestablished - Applicant sought legal advice - Respondent said prepared to continue to employ applicant in position until end of fixed term, offer similar position, or make payment in lieu - Applicant rejected all options - No breach of fixed-term contract - Respondent entitled to terminate agreement on grounds of redundancy - While respondent acted inappropriately in regard to initial notification of loss of position, situation rectified promptly and potential loss avoided - Applicant's position remained available to her and she could have reasonably worked out fixed-term - Any loss incurred applicant's fault |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Eniata v AMCOR Packaging (New Zealand) Ltd t/a AMCOR Kiwi Packaging [2002] 2 ERNZ 154;Irwin v Massey University of Wellington Campus [2002] 2 ERNZ 97;NZ Labourers General Workers and Related Trades IUOW v Hodder & Tolley Ltd [1989] 1 NZILR 430;Watkins v Bacica [1996] 1 ERNZ 594;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 9 |
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