| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 14/05 |
| Hearing date | 30 Nov 2004 |
| Determination date | 02 February 2005 |
| Member | H Doyle |
| Representation | AJ Reid ; PB MCMenamin |
| Location | Christchurch |
| Parties | Reid v Kavanagh |
| Summary | UNJUSTIFIED DISMISSAL - Whether casual or permanent employee - No written employment agreement - Applicant alleged employment of a casual nature at commencement but became permanent when attained bar manager's certificate - Considerable variation in number of hours worked due to seasonal aspect of business - No pattern - Applicant able to decline work offered - Authority found respondent did not intend status of employment relationship to change when applicant obtained bar manager's certificate - This was supported by respondent's continued resistance to introduction of any roster system - Applicant not permanent employee - No entitlement to be offered further engagements - No grounds for personal grievance - Barman |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626 |
| Number of Pages | 5 |
| PDF File Link: | ca 14_05.pdf [pdf 26 KB] |