| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 133/02 |
| Hearing date | 6 May 2002 |
| Determination date | 10 May 2002 |
| Member | WRC Gardiner |
| Representation | P Howard-Smith ; P Tremewan |
| Location | Auckland |
| Parties | Evison v Air Sea Global Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Fixed term employment contract entered into following sale of business - Alleged expectation contract would continue past expiry if good performance - Contract terminated on expiry - Contractual interpretation - Contract included possibility of extension - No basis for believing that contract would continue into extension - No representation by words or conduct inconsistent with plain meaning of contract - No legitimate expectation that contract would be extended - No dismissal - UNJUSTIFIED DISADVANTAGE - Advised orally and in writing that contract not extended - No consultation on decision not to extend contract - Failure to consult caused disadvantage - Customs manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s122;ERA s242 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Clarke v Vita New Zealand Ltd unreported, Colgan J, 17 March 1997, AEC 21/97;Principal of Auckland College of Education v Hagg [1997] ERNZ 116;Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476 |
| Number of Pages | 10 |
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