Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 118/09
Hearing date 11 Aug 2009
Determination date 27 August 2009
Member D Asher
Representation T Petherick ; S Webster
Location Wellington
Parties Shortland v Alexander Construction Ltd
Summary UNJUSTIFIED DISMISSAL – Applicant alleged fixed term employment terminated before project completed – Applicant claimed fixed term agreement illegal because failed to set out reasons for end of employment – Respondent argued project largely completed at time of termination – Authority found fixed term agreement not illegal and reflected employer’s genuine reason for finite term – Found applicant entered agreement knowing finite term – Found project not entirely completed but remedial work entirely different from work done at time of applicant’s employment – Found justifiably dismissed – Found no procedural fault to justify compensation – Site administrator
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s66;ERA s66(4);ERA s66(6)
Number of Pages 6
PDF File Link: wa 118_09.pdf [pdf 19 KB]