| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 418/04 |
| Hearing date | 14 Dec 2004 |
| Determination date | 22 December 2004 |
| Member | V Campbell |
| Representation | S Clews ; L Turner |
| Location | Auckland |
| Parties | Viitakangas v Norske Skog Tasman Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent alleged applicant employed on series of fixed term employment agreements - Five months after last fixed term expired respondent gave applicant two backdated offers of employment - Applicant did not sign offers, sought legal advice and raised employment relationship problem about employment status - Respondent terminated employment - Whether fixed term agreement - One reason for termination was effect of restructuring on permanent workforce - Restructuring not discussed with applicant or provided for in agreement as reason why employment could end - Applicant appreciated he was temporary employee and continued employment subject to another employee remaining on another project - However no compliance with legislative requirements for fixed term agreement so fixed term ineffective - Dismissed without notice after applicant raised employment relationship problem - Dismissal unjustified - Remedies - Applicant sought reinstatement - Respondent advised applicant's role would be made redundant - Reinstatement not practicable - If respondent had followed legislative requirements applicant would have retained employment until certain date - Entitled to 20 weeks' lost remuneration - No contributory conduct |
| Result | Application granted ; Reimbursement of lost wages (20 weeks)(Quantum to be determined by parties) ; Compensation for humiliation, etc ($10,000) ; Costs reserved |
| Statutes | ERA s66(2) |
| Cases Cited | Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323 |
| Number of Pages | 10 |
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