| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 66/09 |
| Hearing date | 17 Feb 2009 |
| Determination date | 27 February 2009 |
| Member | L Robinson |
| Representation | C Bennett ; K Nicolson |
| Location | Auckland |
| Parties | Mercer v Event Holdings Ltd t/a Gracehill Vineyard Restaurant |
| Summary | UNJUSTIFIED DISMISSAL – Whether applicant permanent employee or causal worker – Respondent argued applicant casual worker and not dismissed – Applicant claimed was offered and accepted 30-40 hours per week for a “short time” – Respondent claimed no minimum hours of work offered due to nature of business – Applicant informed respondent of indefinite vacation – Respondent left phone message advising applicant not further required – Applicant tried to contact respondent but all text messages were misdirected – Authority found applicant causal worker and no dismissal – Found no minimum hours given - Shift arrangements done on causal basis, not required to seek annual leave or approval for holidays – Found applicant causal employee, not permanent part-time - Found applicant’s failure to indicate availability for work resulted in respondent’s decision to not re-engage applicant – No dismissal – PENALTY – Applicant claimed penalty for failure to provide copy of employment agreement – Found no express obligation in s63 Employment Relationship Act 2000 to provide agreement once employment relationship formed – Penalty declined – Kitchen hand |
| Main Category | Personal Grievance |
| Cases Cited | Wilson & Classic Manufacturing Ltd, unreported, L Robinson, 26 June 2006, AA220/06 |
| Number of Pages | 5 |
| PDF File Link: | aa 66_09.pdf [pdf 21 KB] |