| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/05 |
| Hearing date | 23 Dec 2004 |
| Determination date | 28 February 2005 |
| Member | H Doyle |
| Representation | I Thompson ; CH van Zijll de Jong |
| Location | Christchurch |
| Parties | Penny v Pro Labora Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant employed on casual basis - Consistent pattern of days and hours worked each week - Applicant requested respondent guarantee number of hours worked - Respondent offered fixed term agreement - Applicant raised concerns about legality of fixed term - Alleged respondent said he thought there was mistrust and parties should end relationship - Respondent alleged he said it would be better for applicant not to stay when she did not trust respondent - Applicant's employment had changed from casual to permanent because of regularity and continuity of hours worked - Unwillingness to sign employment agreement not sufficient justification to end employment - Respondent's words dismissive in nature - Dismissal unjustified - Remedies - Amount of reimbursement of lost wages dependent on whether or not applicant required to pay back unemployment benefit - Pattern designer and machinist |
| Result | Application granted ; Reimbursement of lost wages ($3,366.40)(8 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 28_05.pdf [pdf 31 KB] |