Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 5/06
Hearing date 28 Nov 2005
Determination date 24 January 2006
Member P Montgomery
Representation G Clarke ; JA Firth
Location Christchurch
Parties Carlton v Geary
Summary UNJUSTIFIED DISMISSAL - No written employment agreement - Applicant alleged she was employed for trial period of two months and when this passed she became permanent employee - Respondent alleged applicant employed on casual, job-by-job basis - Parties had totally different goals and when work the respondents required to be done was achieved, they advised applicant her services no longer needed - Authority found that employment was fixed term agreement which would come to an end when tasks set out for applicant had been completed - Applicant not a casual employee and nor was she offered ongoing employment - Dismissal not unjustified because work required of applicant had come to an end - UNJUSTIFIED DISADVANTAGE - Applicant unjustifiably disadvantaged in that respondent's failure to provide written employment agreement led directly to confusion that followed - COSTS - Length of investigation meeting not specified - Just to award applicant $400 as contribution to reasonably incurred costs - Vineyard worker
Result Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($500) ; Costs in favour of applicant ($400)
Number of Pages 4
PDF File Link: ca 5_06.pdf [pdf 23 KB]