| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 205/10 |
| Hearing date | 4 Aug 2010 |
| Determination date | 03 May 2010 |
| Member | L Robinson |
| Representation | G Finnigan ; S Kelly |
| Location | Auckland |
| Parties | Cue v ISS Facilities Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant offered employment by General Manager whose company previously employed applicant and owed applicant wages – Applicant not provided with written employment agreement – Applicant wrote to General Manager rejecting job offer and complained of stress and lack of company car, cell phone and salary as promised – Authority found applicant only attended work sporadically – Applicant attended meeting to discuss position and returned fuel card – Respondent claimed no employment or alternatively applicant resigned – Respondent claimed if applicant employed and did not resign, position disestablished – Found applicant employed by General Manager – Found applicant accepted offer of employment – Found employment on casual basis – Found position in nature of training for intended future role – Found role consequent on future tender and no motor vehicle provided – Found applicant no longer wanted position because did not have car – Found advice applicant would not be provided with motor vehicle constituted unilateral variation of terms of contract – Found applicant affirmed conduct – Found applicant accepted undertaking to find alternative employment with respondent – Found applicant voluntarily agreed to end casual employment agreement – No dismissal – No disadvantage – PENALTY – Found applicant not provided with written employment agreement – Found applicant not provided with opportunity to seek advice about written employment agreement – Found unusual circumstances preceded offer of employment and General Manager acted entirely outside authority – Found respondent not party to circumstances in which employment came about – Authority declined to award penalty – Quality and training officer |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | aa 205_10.pdf [pdf 24 KB] |