Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 131/01
Determination date 14 September 2001
Member Y S Oldfield
Representation B Spong ; S Wilson
Location Auckland
Parties Bunter v University of Auckland
Summary UNJUSTIFIED DISMISSAL - Fixed term contract - Employed in temporary position while permanent employee on secondment - Believed opportunity for continuing position based on performance - Nothing said to give rise to expectation of appointment to position - Poor performance appraisal - Fixed term contract extended to cover holiday period - Position advertised after seconded employee took up another position - Failed to obtain appointment to permanent position - No express or implied promise of renewal of contract - No legitimate expectation of renewal - No basis for belief applicant would be offered position - Genuine and justifiable operational reasons for placing applicant on fixed term contracts - Dismissal justified - Front office manager
Result Application dismissed ; Costs reserved
Statutes ERA s66;ERA Fifth Schedule;State Sector Act 1988 s77G;State Sector Act 1988 s77H
Cases Cited Principal of Auckland College of Education v Hagg [1997] ERNZ 116
Number of Pages 7
PDF File Link: aa 131_01.pdf [pdf 43 KB]