| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 169/02 |
| Hearing date | 23 May 2002 |
| Determination date | 05 June 2002 |
| Member | D King |
| Representation | A Halloran ; C Eggleston |
| Location | Auckland |
| Parties | McCarthy v Television New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Fixed term contract - Ex-husband appointed to position with respondent - Applicant distressed by increased contact with ex-husband - Whether obligation to consult before appointment - Dissolved marriage prohibited grounds for refusing to employ person - Express prohibition on discrimination necessitated prohibition on anything that indicated intention to discriminate - Consultation with ex-spouse would have indicated possible intention to discriminate - No obligation to consult with applicant in absence of unusual circumstances - Failure to consult did not amount to constructive dismissal - Genuine reasons for fixed-term contract - Future of position uncertain - Rationale for fixed-term not required to be in writing - Employment ended at expiry of contract term - No personal grievance - Editor |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s65;ERA s66;ERA s67;Human Rights Act 1993 s22(1)(a);Human Rights Act 1993 s22(1)(b)(iv) |
| Cases Cited | New Zealand Merchant Service Guild Industrial Union Inc v Pacifica Shipping (1985) Ltd unreported, GJ Wood, 24 August 2001, WA 26A/01 |
| Number of Pages | 5 |
| PDF File Link: | aa 169_02.pdf [pdf 28 KB] |