Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 428/05
Hearing date 15 Sep 2005 - 20 Sep 2005 (2 days)
Determination date 27 October 2005
Member V Campbell
Representation M O'Brien ; T Drake
Location Auckland
Parties Schneller v Ranworth Healthcare Ltd
Summary UNJUSTIFIED DISMISSAL - Fixed term employment agreement - Employment agreement stated purpose for fixed term was to meet temporary business needs of respondent - Applicant alleged real reason for fixed term was concern about nepotism given applicant's sister was respondent's general manager - Purpose of 12 month fixed term was to establish compliance with relevant legislation, prepare new standard individual employment agreement and negotiate collective employment agreement - When fixed term about to expire some specific tasks still outstanding - Parties agreed to four week extension of fixed term - Purpose of fixed term was for genuine reasons and those reasons and way agreement would end were known to applicant both when she entered agreement and when it was due to expire - Reasonable for respondent to seek extension - Applicant not dismissed - Applicant's employment ended as result of her fixed term agreement reaching natural conclusion - Legal and Quality Assistant
Result Application dismissed ; Costs reserved
Statutes ERA s66;ERA s66(6);ERA s103A
Number of Pages 8
PDF File Link: aa 428_05.pdf [pdf 37 KB]