| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 97/02 |
| Determination date | 09 April 2002 |
| Member | Y S Oldfield |
| Representation | S Clews ; F Cain |
| Location | Auckland |
| Parties | Thompson v Murphy t/a Colours Preschool & Education Centre |
| Other Parties | Murphy |
| Summary | UNJUSTIFIED DISMISSAL - Whether fixed term contract - Whether non-renewal of fixed term contract or redundancy - Whether redundancy genuine and procedurally fair - Argued all staff had been engaged on fixed term yearly contracts - Alleged not all contracts could be renewed due to significant reduction in turnover - Nature of contract was not fixed term - Prior to dismissal all contracts had been renewed yearly - Contract contained notice period and opportunity for renegotiation - All factors indicative of continuous contract - Not fixed term employee - Applicant conceded genuine economic reasons for restructuring - All staff had been initially consulted - Further consultation inadequate - Did not provide selection criteria or seek feed back on criteria and process - Dismissal procedurally unfair - Remedies - Significant likelihood applicant would have been made redundant - Compensation limited to hurt and humiliation and failure to pay notice - Child care worker |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |