| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 320/08 |
| Hearing date | 27 Aug 2008 |
| Determination date | 10 September 2008 |
| Member | A Dumbleton |
| Representation | JW Yeates (in person) ; D Atkinson |
| Location | Auckland |
| Parties | Yeates v Jetstick Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed dismissed without reason or cause – Respondent argued employment ended by operation of fixed term of engagement relating to time needed to complete assembly work – Individual employment agreement (“IEA”) contained fixed term clause – Applicant claimed as did not sign IEA or consent to fixed term, not bound by arrangement and respondent not able to rely on it as justification for dismissal – Authority found IEA in writing as required by s65 Employment Relations Act 2000 (“ERA”) – Found no requirement that matters required under s66(4) ERA must also be signed by parties before IEA becomes binding – Found IEA did not have to be signed by parties before was binding on them – Found issue was whether parties nevertheless agreement employment would end at conclusion of specified work – Authority found applicant had been working for at least eleven days before respondent provided IEA – Found applicant gave conflicting reports about when discovered clause in IEA – Found respondent could be criticised for not raising with applicant why had not signed and returned IEA – Found applicant could be criticised for not raising dissatisfaction with clause earlier, instead of performing duties for months in accordance with IEA, as if satisfied with terms – Found employee has responsibility not to lead employer into thinking terms and conditions offered in writing had been accepted, if they have not – Found duty of good faith required applicant to actively communicate – Found unreasonable delay in raising disagreement over terms of employment may in some circumstances be taken as affirmation of those terms – Found reasons given for fixed term genuine and based on reasonable grounds – Found employment came to end by operation of valid fixed term provision in IEA that, although not executed by both parties, reflected their intentions as formed at commencement of employment and affirmed by performance – No dismissal |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s66;ERA s66(1);ERA s66(4) |
| Number of Pages | 8 |
| PDF File Link: | aa 320_08.pdf [pdf 31 KB] |