| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 242/07 |
| Hearing date | 25 Jun 2007 |
| Determination date | 10 August 2007 |
| Member | R Arthur |
| Representation | A Swan ; J Sumner |
| Location | Auckland |
| Parties | Ng v Whitireia Community Polytechnic |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed on expiry of fixed term employment – At end of teaching cycle, respondent told applicant would not teach next cycle – Authority found requirements of s66 Employment Relations Act 2000 met – Real issue whether subsequent actions of respondent amounted to express or implied promises that expiry of fixed term agreement would not be enforced - Applicant claimed understood employment would be renewed – Authority found no suggestion fixed term not genuine – Found respondent made clear from outset that prospect of further work conditional upon student numbers for next cycle – Found sensible business decision respondent entitled to make – Found unlikely respondent gave false impression about future prospects – Applicant relied on own inferences and observations, which did not amount to promise of further work from respondent – No legitimate expectation of on-going employment – UNJUSTIFIED DISADVANTAGE – Authority considered whether applicant unjustifiably disadvantaged by being given insufficient information about prospects of further employment – Respondent had good faith requirements to communicate with applicant about effect of enrolment on employment – Found respondent did not suggest that prospects for future work higher, or discourage applicant from seeking new employment – Found respondent did not fail to communicate relevant student enrolment information – Applicant did not approach respondent about prospects for future employment, despite knowing fixed term due to expire – No unjustified disadvantage – ESOL Teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | aa 242_07.pdf [pdf 29 KB] |