Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 273/05
Hearing date 14 Jul 2005
Determination date 15 July 2005
Member Y S Oldfield
Representation K Nicholson ; M McGowan
Location Auckland
Parties Raskovic v Girls Brigade NZ (Inc) Ltd
Summary UNJUSTIFIED DISMISSAL - Whether fixed term agreement - Agreement stated that position would be reviewed" after six months - English not applicant's first language - Not satisfied respondent made it clear to applicant that her employment was proposed to be fixed term in nature - Use of term "review" misleading - Employment treated as permanent - Redundancy - Introduction of new accounting package reduced work that debtor's clerk had previously done - Redundancy genuine - Because of mistaken belief that employment fixed term was no consultation with applicant - Procedurally unfair - Unjustified dismissal - Part-time debtor's clerk"
Result Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
Number of Pages 4
PDF File Link: aa 273_05.pdf [pdf 20 KB]