| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 152/05 |
| Hearing date | 27 Apr 2005 |
| Determination date | 28 April 2005 |
| Member | L Robinson |
| Representation | MM Davis (in person) ; N Chee |
| Location | Auckland |
| Parties | Davis v Peoples Centre Community Medical Centre Trust |
| Summary | UNJUSTIFIED DISMISSAL - Whether employee or independent contractor - Letter of offer described position as contract position" - References to "offer of employment" - Holiday pay and sick pay included in hourly rate - Prescribed hours of work - Intention of parties was employment relationship - Applicant was employee - Fixed term employment - Genuine reason for fixed term was funding for position provided by government grant - Employment not terminated but fixed term expired - Applicant always on notice that fixed term would end on specific date - No dismissal - UNJUSTIFIED DISADVANTAGE - Respondent's prerogative not to seek continued funding - Non-renewal of project not an unjustified disadvantage" |
| Result | Application dismissed ; No order for costs |
| Number of Pages | 4 |
| PDF File Link: | aa 152_05.pdf [pdf 30 KB] |