| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 245/08 |
| Hearing date | 8 Jul 2008 |
| Determination date | 10 July 2008 |
| Member | A Dumbleton |
| Representation | G Norton ; G Wagg |
| Location | Auckland |
| Parties | Short v Walton Special Vehicles and Conversions Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent’s director (“D”) conceded applicant’s dismissal unjustified – D conceded unable to maintain earlier contention applicant’s employment terminated through operation of fixed term agreement – Applicant’s individual employment agreement (“IEA”) contained clause stating employment to be for fixed term – Authority found applicant’s IEA difficult to read as fixed term agreement – Authority found no purpose having IEA entitlement provisions if intended employment fixed term – Authority found several terms of IEA inferred not fixed term agreement – Authority found IEA intended to run between two specific dates and then to continue indefinitely – Authority found applicant notified respondent of election to treat purported fixed term as ineffective – Accordingly respondent could not rely on fixed term to end employment – D also argued invoked fixed term because situation one of redundancy – Authority only assessed remedies as found respondent conceded applicant unjustifiably dismissed – Remedies – Respondent conceded no contributory conduct by applicant – Respondent claimed as applicant failed to mitigate loss not entitled to recover lost wages – Authority found applicant had no real comprehension of contents of purported fixed term IEA – Authority found applicant did not fail to mitigate loss by not accepting offer of work with another employer – Found reasonable for applicant to explore enrolling in training course – Found applicant had career path and entitled to take enough time to carefully look for employment that would offer advancement and job security – Found applicant made reasonable attempts to find work appropriate to skills and ambitions – Authority found evidence that not genuine redundancy situation – Found $3,352 reimbursement of lost wages appropriate – Authority found applicant suffered hurt and humiliation when dismissed without warning few days before Christmas – Authority found matters compounded when applicant’s father also dismissed on same day – Authority also found unfair private discussion held about applicant’s future employment without applicant – Found $3,750 compensation appropriate |
| Result | Application granted ; Reimbursement of lost wages ($3,352) ; Compensation for humiliation etc ($3,750) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66(6)(a);ERA s66(4) |
| Number of Pages | 6 |
| PDF File Link: | aa 245_08.pdf [pdf 25 KB] |