| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 398/07 |
| Hearing date | 3 Dec 2007 |
| Determination date | 17 December 2007 |
| Member | P R Stapp |
| Representation | P Craighead ; K Stretton |
| Location | Tauranga |
| Parties | Fenton v Centre Island Seafoods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Applicant alleged unjustifiably dismissed when not re-employed by respondent - Respondent submitted applicant engaged on seasonal arrangement and left, which led it to conclude he no longer wanted to work for it - Applicant initially engaged without agreement on permanent basis - Signed seasonal agreement superseded earlier arrangement - Seasonal employee from that time - Lawful fixed term agreement - Towards end of season, applicant advised no work available during off season - Applicant left and did not return - Respondent claimed attempted to contact applicant without success - Open to respondent to conclude applicant had left for other work - No dismissal - No formal arrangement that receptionist would contact workers to re-engage them for new season - Therefore applicant had no claim respondent failed to re-employ him - Respondent did not rely on abandonment clause so no obligation to contact applicant - No sufficient contractual terms to require the employer to re-employ applicant and to contact him for that purpose - COSTS - Length of investigation meeting not specified - Reasonable contribution to costs awarded to respondent |
| Result | Application dismissed ; Costs in favour of respondent ($1,500) |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | aa 398_07.pdf [pdf 45 KB] |