| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 165/09 |
| Hearing date | 10 Nov 2008 |
| Determination date | 25 May 2009 |
| Member | V Campbell |
| Representation | R Meihana ; B Lawson |
| Location | Rotorua |
| Parties | Goldsmith v Nirvana Coaches Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed respondent repudiated employment agreement (“EA”) by failing to provide work – Applicant driver for respondent’s school bus service for two years and worked regular hours – Applicant offered to be temporary driver for chartered bus service operated by respondent – Respondent accepted offer - Applicant made temporary replacement arrangement for school bus driver position – No written EA for either position – Charter bus service ceased - Applicant attempted to return to former position – Applicant advised position no longer theirs – Respondent claimed firstly, applicant casual employee – Second, applicant relinquished original position by taking up charter position knowing position temporary – Authority found applicant permanent employee – Found applicant worked regular hours and undertook charter position according to availability – Found replacement arrangement made on understanding applicant would return to original position when charter position ended – Authority gave benefit of doubt to applicant in absence of EA – Found failure to provide applicant with work amounted to repudiation of oral EA – Dismissal unjustified – REMEDIES – No contributory conduct – Reimbursement of seven weeks lost wages – Compensation of $1,500 appropriate – Bus Driver |
| Result | Application granted ; Reimbursement of lost wages ($2,032.80)(7 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 5 |
| PDF File Link: | aa 165_09.pdf [pdf 30 KB] |