| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 382/07 |
| Hearing date | 13 Sep 2007 |
| Determination date | 04 December 2007 |
| Member | R Arthur |
| Representation | H White ; D France |
| Location | Auckland |
| Parties | Brockett v Transpacific Technical Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Respondent denied applicant dismissed - Claimed applicant casual employee employed for project that had been completed - Word “casual” in employment agreement did not describe true nature of arrangement - Employment fixed term, linked to completion of new plant and applicant’s summer holidays - Reasons for employment ending not in writing - Permanent employee - In addition, project not fully complete - Alongside project work, applicant also had regular part-time job in respondent’s laboratory - Applicant’s father also employed by respondent and responsible for supervising applicant’s work on plant - Father absent on extended sick leave and gave applicant list of duties to finish - Respondent unaware applicant remained at work - Submitted unsafe to allow applicant to work unsupervised and no other work available - Applicant told project complete and services no longer required - No discussion about work applicant doing or capable of doing - Although respondent aware of potential problem with employment did not raise issue in timely manner - Dismissal unjustified - Applicant’s allegation dismissed because father raised personal grievance not addressed, but manager’s evidence unaware of grievance at time accepted |
| Result | Application granted ; Reimbursement of lost wages ($2,640) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66(4);ERA s66(6) |
| Cases Cited | Telecom New Zealand Limited v Nutter [2004] 1 ERNZ 315 (CA) |
| Number of Pages | 10 |
| PDF File Link: | aa 382_07.pdf [pdf 33 KB] |