| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/06 |
| Hearing date | 5 Dec 2005 |
| Determination date | 16 March 2006 |
| Member | K J Anderson |
| Representation | S Kennedy ; P Butler |
| Location | Auckland |
| Parties | Reid v Tradestaff BOP Ltd |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Statement of problem cited respondent's client as second respondent - No employment relationship between applicant and client hence client could not be party to proceedings - UNJUSTIFIED DISMISSAL - Triangular employment relationship - Respondent provided temporary employees to clients - Employment agreement between applicant and respondent effectively remained in place until either party indicated they no longer wished to continue relationship - Agreement provided that respondent or client could reduce period of any assignment or terminate any assignments at any time without notice but this did not terminate employment agreement - After four weeks working for particular client applicant told by respondent assignment had come to end - Respondent offered applicant another assignment but applicant raised personal grievance instead - Applicant not dismissed but assignment terminated within terms of employment agreement - Applicant abandoned employment - UNJUSTIFIED DISADVANTAGE - Notwithstanding terms of employment agreement it was not action of fair and reasonable employer to simply allow applicant to finish shift and return from Rotorua to Tokoroa before telling him assignment was terminated - Fair and reasonable treatment would have been for respondent to have notified applicant earlier of circumstances pertaining to termination of assignment to allow him to make some response, rather than treating him as a tradable commodity - Unjustified disadvantage - Length of service one month two weeks - PENALTY - Actions of respondent did not go as far as breaching any statutory provisions to warrant penalty being ordered - Temp |
| Result | Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | Employment Relations Amendment Act (No 2) 2004;ERA s4;ERA s160(3) |
| Number of Pages | 5 |
| PDF File Link: | aa 79_06.pdf [pdf 10 KB] |