| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 172/06 |
| Hearing date | 29 Mar 2006 |
| Determination date | 15 May 2006 |
| Member | J Wilson |
| Representation | J Parlane ; S Menzies |
| Location | Auckland |
| Parties | Cotes v PR Driving Services Ltd and Anor |
| Other Parties | Lochore Contractors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant signed contract with first respondent to provide relief driving services for clients on as required basis – Worked number of shifts for second respondent – Drivers licence suspended as result of accumulated demerit points – Second respondent’s transport manager provided affidavit in support of application for limited licence – Affidavit stated second respondent could provide applicant almost full-time work for next three months – Later advised work not available – Alleged affidavit created employment relationship between applicant and second respondent – Applicant knew exact nature of employment when signed original employment agreement with first respondent – No new employment agreement created by affidavit – Even if affidavit was offer from second respondent, terms would have been employment on as required basis – Evidence that work not available accepted – No dismissal by either respondent – Length of service less than one month – Relief truck driver |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 172_06.pdf [pdf 23 KB] |