Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 395/05
Hearing date 29 Sep 2005
Determination date 05 October 2005
Member J Scott
Representation B McGeown (in person) ; L Hart
Location Auckland
Parties McGeown v Spotless Services (NZ) Ltd
Summary UNJUSTIFIED DISADVANTAGE - Applicant alleged he was employed by respondent as permanent part-time worker and respondent unilaterally changed employment status to casual worker - Alleged respondent failed to adequately address issues raised by him at meeting and made insensitive and unfair statements - During investigation meeting applicant conceded he was employed on casual basis - Credibility finding in favour of respondent - On first night of employment applicant not provided with training at level promised - Agreed between parties that applicant would be provided with two additional nights of training - If applicant mastered tractor and trailer unit and training he was to be given two nights' work, otherwise he would be placed on on-call roster - Applicant did not attend second night's training - Through his own actions applicant destroyed prospects of permanent part-time work - Respondent behaved in fair and reasonable manner at meeting and managers entitled to focus on relevant matters - No breach of duty by respondent toward applicant - No unjustified dismissal - Supermarket trolley collector
Result Application dismissed ; Costs reserved
Number of Pages 7
PDF File Link: aa 395_05.pdf [pdf 41 KB]