| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257/07 |
| Hearing date | 15 Aug 2007 |
| Determination date | 22 August 2007 |
| Member | L Robinson |
| Representation | D Fleming ; P Skelton & K Dunn |
| Location | Auckland |
| Parties | Kolovos v NZ Steel Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent claimed applicant’s temporary employment ended and no dismissal - Applicant initially accepted temporary employment - Term extended numerous times - After fourth extension received letter confirming employment would end with expiry of fixed term - Respondent sought union agreement to extend employment but union considered permanent employee required and did not consent to extension of temporary contract - HR would not consent to applicant being offered permanent position and another temporary employee engaged to do work - Genuine reason for fixed term, however applicant not told of why employment would end on various end dates given in fixed term agreements - Invalid fixed term - Alternatively, applicant deemed permanent employee under collective employment agreement as employed for more than 52 weeks - Permanent employee - Applicant dismissed and dismissal unjustified - Remedies - Applicant sought reinstatement and no impediments to his return - Storeman |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Reinstatement ordered ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s66(1);ERA s66(2)(a);ERA s66(4);ERA s66(6);ERA s103A |
| Number of Pages | 15 |
| PDF File Link: | aa 257_07.pdf [pdf 59 KB] |