| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 169/05 |
| Hearing date | 5 Jul 2005 |
| Determination date | 22 December 2005 |
| Member | P Montgomery |
| Representation | P Appleton ; J Copeland |
| Location | Christchurch |
| Parties | Paulin and Anor v Southland District Health Board |
| Other Parties | New Zealand Public Service Association |
| Summary | UNJUSTIFIED DISADVANTAGE - GOOD FAITH - First applicant sought order that her status was that of a permanent employee - Second applicant claimed respondent breached contractual obligations and sought a penalty - First applicant employed as casual administrative employee - Since that time, applicant's work pattern had been regular and consistent - Such that, first applicant alleged she was permanent employee - Clause of collective agreement specified when could use temporary employment agreements - Second applicant alleged clause imposed obligation to consult with it prior to advertising a fixed term temporary position - No such obligation imposed by section - Fairly long bow to draw to allege respondent was guilty of breaching s4(1)(a) Employment Relations Act 2000 - Three fixed term arrangements - First applicant in no doubt that her employment reverted to an as and when needed basis when each assignment ceased - Valid reasons for fixed term arrangements - Section 66 ERA complied with - No breach of contractual obligations - No breach of good faith - No unjustified disadvantage - No amount of hours worked for an employer when employed on an as and when required basis automatically converted to permanent tenure - Casual administrator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(1)(a);ERA s66 |
| Number of Pages | 4 |
| PDF File Link: | ca 169_05.pdf [pdf 24 KB] |