| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 149/07 |
| Hearing date | 16 May 2007 |
| Determination date | 16 May 2007 |
| Member | L Robinson |
| Representation | M Drew ; M Broadbelt |
| Location | Auckland |
| Parties | Skeggs v Radius Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed at end of purported fixed term – Agreement stated applicant to perform full time project work, with “expectation” of part time maintenance work at end of six months – Advised employment terminated at end of six months - Whether agreement fixed term – “Fixed term” clause stated no expectation of subsequent employment – However, further clause expected applicant to move to part time role – Not advised why employment to end – Authority found parties agreed to two phased employment - Expiration date of fixed term referred to end of first phase – Applicant elected to treat fixed term provision as ineffective, as conferred by s66(6) Employment Relations Act 2000 (ERA") – Various provisions and other matters corroborated employment indefinite and not fixed term under s66 ERA – No basis for termination – Actions not those of fair and reasonable employer – Dismissal unjustified - Remedies - Interest 10 percent on lost wages award - BARGAINING – Applicant alleged unfair bargaining – Applicant signed agreement with chief executive – Director unhappy with agreement - Applicant not paid until second agreement signed - Not advised of opportunity to take advice – Applicant induced to enter agreement by oppressive means - Section 68(1)(a) ERA satisfied – Appropriate to award compensation for unfair bargaining – Financial officer" |
| Result | Applications granted ; Reimbursement of lost wages ($35,700) ; Interest 10% ; Compensation for humiliation etc ($15,000) ; Compensation for unfair bargaining ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s66;ERA s66(1);ERA s66(2);ERA s66(3);ERA s66(4);ERA s66(5);ERA s66(6);ERA s68(1)(a);ERA s68(1)(b) |
| Number of Pages | 12 |
| PDF File Link: | aa 149_07.pdf [pdf 45 KB] |