| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 26/05 |
| Hearing date | 16 Sep 2004 |
| Determination date | 27 January 2005 |
| Member | J Wilson |
| Representation | K Nicolson ; D Watson |
| Location | Auckland |
| Parties | Little v Evegreen Life Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal or expiry of fixed term - Employment ended before Employment Relations Act 2000 came into force - Pursuant to ss 248(4)(b) and 113(1) Authority to investigate claim but apply legal principles applicable under Employment Contracts Act 1991 - Letter of appointment stated employment subject to review after 6 months - Respondent alleged wording was error - Gave applicant another agreement to sign which included employment was for 6 month period only - Applicant alleged was bullied into signing agreement - Was some pressure placed on applicant but not harsh or oppressive behaviour amounting to duress - Fixed term contract expired - No unjustified dismissal - Marketing manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s57;ERA s113(1);ERA s248;ERA s248(4)(b) |
| Cases Cited | Adams v Alliance Textiles (NZ) Ltd [1992] 1 ERNZ 982;United Food & Chemical Workers Union of NZ v Talley [1993] 2 ERNZ 360 |
| Number of Pages | 6 |
| PDF File Link: | aa 26_05.pdf [pdf 31 KB] |