| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 94/06 |
| Hearing date | 24 Mar 2006 |
| Determination date | 29 March 2006 |
| Member | M Urlich |
| Representation | P Cranney ; P Muir |
| Location | Auckland |
| Parties | Keam v The Vice Chancellor, University of Auckland |
| Summary | INJUNCTION - Application for interim reinstatement - For last four years applicant employed as full time lecturer on series of fixed term employment agreements - Applied unsuccessfully for permanent position - Took personal grievance alleging she was permanent employee and sought interim reinstatement - Last agreement provided that fixed term was for one year to trial a new course of study" - Arguable that course in second year of operation could not accurately be described as new course - Unclear from agreement how employment would end in circumstances of trialled course - Unclear why trialling of one course would provide genuine reason for fixed term when course represented small portion of applicant's work - Written reasons did not refer to budget constraint issue raised by respondent - Arguable that obligations of s66 Employment Relations Act 2000 ("ERA") not met rendering employment of indefinite duration - Apparent conflict between s66 ERA and ss77G and 77H State Sector Act 1988 that required all appointments to permanent positions in public sector be made on merit - Damages could not have adequately compensated applicant for dislocation from institution which she had alleged was important to establishment and continuation of her reputation and research - Five of seven courses taught by applicant in previous year were no longer taught by respondent but applicant able to teach respondent's current courses - Balance of convenience and overall justice favoured applicant - Interim reinstatement ordered - If agreement could not be reached on teaching duties applicant could resume, respondent entitled to determine how reinstatement would occur - Lecturer" |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s4(1A)(c);ERA s66(4);ERA s66(6);State Sector Act 1988 s77G;State Sector Act 1988 s77H |
| Number of Pages | 4 |
| PDF File Link: | aa 94_06.pdf [pdf 60 KB] |