| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 194/01 |
| Determination date | 21 November 2001 |
| Member | R A Monaghan |
| Representation | D Sharp ; R Searle |
| Location | Auckland |
| Parties | Butler v Pakarae Incorporation |
| Summary | UNJUSTIFIED DISMISSAL - Chairperson of station committee instructed manager to dismiss applicant - Whether casual or permanent part-time employment status - Document headed Permanent Part Time Employee not determinative of issue - All casuals signed that document - Periods where applicant not available to work - Considerable variation in number of hours worked - Degree of seasonality in hours worked - No sufficient regularity or continuity in hours worked - Parties' intention to enter into casual employment arrangement - Employment terminated on last day of work - No dismissal by Chairperson as employment already terminated - Farm hand |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104 |
| Cases Cited | Avenues Restaurant Ltd (t/a Avenues Restaurant & Wine Bar) v Northern Hotel etc IUOW [1991] 1 ERNZ 420;Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626;Canterbury Hotel, Hospital etc IUOW v Fell (t/a as Leeston Hotel) [1982] ACJ 285;Wellington District Hotel, Hospital etc IUOW v Porirua District Licensing Trust (Blue Heron Hotel) [1985] ACJ 457 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |