| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 395/10 |
| Hearing date | 12 Aug 2010 |
| Determination date | 01 September 2010 |
| Member | R Larmer |
| Representation | C Bennett ; A Bennett |
| Location | Auckland |
| Parties | Timmis v Benefitz Data Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent claimed employment terminated following expiry of fixed term employment agreement (“EA”) – EA provided for three month period of employment – Employment continued beyond period – Applicant claimed became permanent employee – Respondent argued remained fixed term employee on month by month basis – Applicant’s EA updated to include new end date – Authority found no genuine reason for fixed term – Found fixed term used to establish applicant’s suitability for permanent employment – Found respondent did no financial analysis before deciding fixed term necessary – Found use of fixed term inappropriate because reality of work was ongoing – Found after applicant’s employment ended another person employed to do similar job – Found applicant not advised of reasons why employment ending nor was information contained in EA – Found no valid fixed term agreement – Found respondent not entitled to rely on purported fixed term to end applicant’s employment – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent claimed applicant failed to mitigate loss by turning down retraining offer – Found decision to turn down retraining offer reasonable and did not breach chain of causation in terms of ongoing lost remuneration – $40,000 reimbursement of lost wages appropriate – Found applicant suffered significant detrimental impact following dismissal – Found applicant committed to fixed term rental and following dismissal unable to pay rent – Found applicant suffered significant hurt and humiliation - $10,000 compensation appropriate – Signage Production Supervisor |
| Result | Application granted ; Reimbursement of lost wages ($40,000) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s66(2)(a);ERA s66(2)(b);ERA s66(3)(a);ERA s66(3)(b);ERA s66(4)(a);ERA s66(4)(b);ERA s124;ERA s128(3) |
| Cases Cited | Canterbury Westland Free Kindergarten Association v New Zealand Educational Institute [2004] ERNZ 547;Electrotech Controls Ltd v Rarere [2007] ERNZ 586;Shortland v Alexander Construction Company Limited [2010] NZEMPC 41;Terson Industries Ltd v Loder (2009) 6 NZELR 345;Varney v Tasman Regional Sports trust unreported, Goddard CJ, 23 July 2004, CC 15/04 |
| Number of Pages | 15 |
| PDF File Link: | aa 395_10.pdf [pdf 55 KB] |