| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 31/08 |
| Hearing date | 7 Dec 2007 |
| Determination date | 31 March 2008 |
| Member | H Doyle |
| Representation | J Firth ; R Lamb |
| Location | Timaru |
| Parties | Barr v P and L Byrne Farming Partnership |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Parties agreed during directions conference respondent correct employer – JURISDICTION – Applicant employed for season by sharemilker (“L”) – Applicant also job shared with husband (“H”) – No additional cost to respondent when applicant performed H’s duties – L advised applicant and H that leaving farm and therefore no longer employed by L – Respondent offered position of lower order sharemilker on farm by then owners – Applicant claimed was person intending to work for respondent – Applicant claimed employment did not go ahead and unjustifiably dismissed when H dismissed – Applicant claimed felt employment treated as added on to H – Respondent argued job offer only made to applicant on condition employment agreement signed – Respondent argued offer to applicant did not include farm accommodation applicant residing in – Authority found applicant’s acceptance of offer of employment capable of being inferred because of common elements shared with H – Found applicant to carry on with arrangement that had with L – Found offer to applicant not conditional on signing EA – Found applicant and respondent intended to and did enter into binding EA – Found applicant person intending to work as relief milker on job share basis with H – UNJUSTIFIED DISMISSAL – Authority found when H dismissed respondent took no steps to advise applicant that employment would continue – Found dismissal occurred in absence of clarification by respondent to contrary – No attempt by respondent to justify dismissal – Dismissal unjustified – Remedies – Authority took into account respondent’s attempt to make clear to applicant position available on farm went someway to reducing humiliation suffered – No contributory conduct – $2000 compensation appropriate – Milker |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5;ERA s6(1)(b)(ii);ERA s101(ab) |
| Cases Cited | Barr v P and L Byrne Farming Partnership unreported, H Doyle, 31 March 2008, CA 30/08;Weal v Leusen Holdings Limited [2002] 1 ERNZ 655;Wellington Clerical Union v Greenwich [1983] ACJ 965;Fitzgerald v Wallace Corporation Limited [2002] 2 ERNZ 5 |
| Number of Pages | 6 |
| PDF File Link: | ca 31_08.pdf [pdf 31 KB] |