| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 19/07 |
| Hearing date | 12 Dec 2006 |
| Determination date | 02 February 2007 |
| Member | G J Wood |
| Representation | D Oliver ; M Lawson |
| Location | Wellington |
| Parties | Rarere v Electrotech Controls Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Applicant claimed unjustifiably dismissed and/or disadvantaged after declined to continue as casual employee when completed apprenticeship - Applicant originally employed under several fixed term agreements - No legitimate expectation of ongoing employment once apprenticeship concluded - Employment agreement provided employment automatically terminated after 8,000 hours or qualification completed - Applicant completed 8,000 hours but employment continued without comment - When applicant completed qualification respondent gave notice and offered her casual position until passed registration exam - Applicant went on sick leave and never returned - Once hours completed employment became permanent - Entitled to ongoing employment - Reasonable for applicant to decline casual employment - Constructive dismissal - Could also be unjustified disadvantage as security of employment wrongly diminished - BREACH OF CONTRACT - Respondent not responsible for CD applicant loaned to co-worker - Applicant not entitled to travel allowance - Employment agreement provided subsidised medical insurance after three months employment - Applicant not given benefit for two years - Sought damages to cover medical claims - Loss direct result of respondent's failure - Claim offset against contributions applicant required to make - Penalty not appropriate - Electrical apprentice |
| Result | Application granted ; Reimbursement of lost wages ($8,482.15)(13 weeks) ; Compensation for humiliation etc ($7,000) ; Damages ($939.92) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s66(2)(b) |
| Cases Cited | Norske Skog Tasman Ltd v Clarke [2004] 1 ERNZ 127; [2004] 3 NZLR 323 (CA);Varney v Tasman Regional Sports Trust unreported, Goddard CJ, 23 July 2004, CC;15/04 |
| Number of Pages | 11 |
| PDF File Link: | wa 19_07.pdf [pdf 52 KB] |