| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187/09 |
| Hearing date | 2 Mar 2009 |
| Determination date | 17 June 2009 |
| Member | V Campbell |
| Representation | K Ashcroft ; J Daniel |
| Location | Taupo |
| Parties | Allardice v Netcor Education and Training Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed withdrawal of second offer of employment agreement (“EA”) constituted unjustified dismissal – Respondent claimed entitled to withdraw offer because no meeting of minds on terms of second EA and employment fixed term - Applicant initially engaged as independent contractor until respondent advised applicant to re-engage as employee – Respondent's Director (“H”) offered applicant two EAs for fixed term employment - Applicant declined EAs however H treated applicant as employee – Applicant disputed employment status with H however H responded with undue delay and attempts to resolve matters unsuccessful – H subsequently requested applicant to accept second EA giving 4 hours for consideration – Offer withdrawn if not accepted – Applicant declined EA and claimed dismissed - Authority found applicant not subject to fixed term employment because no agreement on when employment would end and no acceptance of EAs - Found applicant’s employment of “indeterminate nature” due to H unilaterally defining applicant’s status as employee for one year - Found withdrawal of offer of second EA unjustifiable and ended applicant’s employment – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of 3 months lost wages – Found $10,000 compensation for humiliation appropriate when applicant held position for 8 years and provided compelling medical evidence of distress suffered - PENALTY – Breach of good faith - Applicant sought penalty for breach of good faith obligations – Authority found applicant had limited opportunity to discuss EAs and employment swiftly terminated without justification – Found $1,000 penalty warranted - COUNTERCLAIM – Penalty – Authority found respondent’s claim applicant breached good faith not established – Penalty declined – Tutor |
| Result | Applications granted (Unjustified dismissal) (Penalty) ; Application dismissed (Counterclaim) ; Reimbursement of lost wages ($16,224) ; Compensation for humiliation etc ($10,000) ; Penalty ($1,000)(Payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | aa 187_09.pdf [pdf 38 KB] |