| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 44/05 |
| Hearing date | 17 Jan 2005 - 28 Jan 2005 (3 days) |
| Determination date | 05 April 2005 |
| Member | J Crichton |
| Representation | J Goldstein ; K Binnie |
| Location | Christchurch |
| Parties | Burnside v Ministry of Social Development |
| Summary | UNJUSTIFIED DISMISSAL - Seven successive fixed term agreements - Employed to cover position of staff member who was on secondment - No legitimate expectation of continuing employment - Whether applicant told why employment to end on stipulated date - Inconceivable that applicant could reasonably claim did not understand reason why fixed term would end - No breach of section 4 Employment Relations Act 2000 - Section 66 complied with - Multiplicity of extensions did not make situation of ongoing employment - UNJUSTIFIED DISADVANTAGE - Pre-interview comment made that because applicant filling role on temporary basis did not carry with it implication that she could assume job was hers - Comment ill advised - Commended to respondent that they restrain from issuing those kinds of warnings prior to interview process - No disadvantage - Solicitor/prosecutor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4;ERA s66;ERA s66(2)(a);ERA s66(2)(b);State Sector Act s60;State Sector Act s61 |
| Cases Cited | Canterbury Westland Free Kindergarten Association (t/a Kidsfirst Kindergartens) v New Zealand Educational Institute unreported, Goddard CJ, 24 June 2004, CC 14/04;Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323 |
| Number of Pages | 13 |
| PDF File Link: | ca 44_05.pdf [pdf 59 KB] |