| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3/08 |
| Hearing date | 8 Oct 2007 |
| Determination date | 11 January 2008 |
| Member | A Dumbleton |
| Representation | G Burness, D Feist ; M Matthew |
| Location | Auckland |
| Parties | Yukich v Allied Work Force Far North Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Employment status - Respondent argued no dismissal as applicant casual employee of its labour hire/temp agency - Applicant worked continuously for seven months - Weekly days and hours varied, but often substantial - Documents produced by respondent stated applicant casual - Information included statement agreement for fixed term and length of term was period respondent’s client required staff - Nothing ‘fixed” about employment dependent solely on will of another - Employment under agreement intended to be on day to day basis - Circumstances of applicant’s employment significant departure from that contemplated by agreement - By departing from original intention, respondent gave him reasonable expectation employment continuous - Different agreement formed by conduct of parties - Dismissal breached terms of employment different to those in agreement, personal grievance remedies more appropriate than penalty or damages - Dismissal unjustified - Factory worker |
| Result | Application granted ; Reimbursement of lost wages ($3,281)(3 months) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 |
| Cases Cited | Barnes v Whangarei RSA [1997] 1 ERNZ 626;Cotes v PR Driving Services Ltd unreported, J Wilson, 15 May 2006, AA 172/06 |
| Number of Pages | 10 |
| PDF File Link: | aa 3_08.pdf [pdf 35 KB] |