Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 78/06
Hearing date 8 Feb 2006
Determination date 16 March 2006
Member K J Anderson
Representation D Bruce ; K Stretton
Location Auckland
Parties Charteris v Kaituna Pastoral Farms Ltd
Summary UNJUSTIFIED DISMISSAL - Applicant responded to ad for casual farm worker - Applicant aware engagement short term - Real nature of role temporary rather than casual but not accurately recorded in an employment agreement - Early in employment applicant and Farm Supervisor discussed his interest in becoming trainee herd manager - Applicant claimed he accepted position but supervisor later told him it was no longer available and gave him two weeks notice - Applicant claimed worked one day of notice period then left because felt insulted and let down - Supervisor claimed only sounding out" applicant, not offering him trainee position and it became apparent he was not suitable for role - Supervisor alleged applicant amenable when told of decision and informed only two more weeks of work available - Supervisor agreed applicant only worked one day of notice period but it was because he was ill and then secured other employment - Applicant genuinely thought appointed to trainee position but he was misconceived - Trainee role discussed with applicant but there was no offer - Given short time frame, respondent's failure to realise and correct applicant's perception did not attract finding of fault - No dismissal - Agreed period of temporary employment came to an end - No personal grievance - Length of service one month - Farm worker"
Result Application declined ; Costs reserved
Statutes ERA s66
Number of Pages 4
PDF File Link: aa 78_06.pdf [pdf 25 KB]