| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 101/08 |
| Hearing date | 9 Oct 2007 |
| Determination date | 18 July 2008 |
| Member | P Montgomery |
| Representation | C Smith ; G Malone |
| Location | Invercargill |
| Parties | Shanks & Ors v South Pacific Meats Ltd |
| Other Parties | Walters, Soper, Matiaha |
| Summary | UNJUSTIFIED DISMISSAL – Applicants claimed respondent’s failure to rehire at end of season amounted to unjustified dismissal – Applicants claimed positions permanent and should have been rehired for new season – Respondent argued all staff employed on seasonal basis – Respondent argued staff wanting to return for new season required to complete re-application forms – Respondent argued applicants not required as fewer processing staff required for new season – Authority acknowledged applicants workplace newly commissioned for direct competition with other processing plants – Authority questioned why respondent would offer permanent positions to process workers when competitors did not – Authority questioned when season a significant variable, why respondent would engage staff for longer than necessary – Authority found employment agreement marked as seasonal – Found on balance of probabilities highly unlikely applicants offered permanent employment – Authority found little evidence applicants discriminated against on grounds of union activity when not rehired – Authority found applicants unsuccessful for new season positions as more suitable employees in new pool of applications – No unjustified dismissal – Processing workers |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | ca 101_08.pdf [pdf 29 KB] |