| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 179/10 |
| Hearing date | 12 Aug 2010 |
| Determination date | 03 September 2010 |
| Member | P Cheyne |
| Representation | O Johnstone ; D Rhodes |
| Location | Alexandra |
| Parties | Cosgriff v Harrex Contracting Ltd t/a Dunstan Sprayers |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed never had written employment agreement (“EA”) and dismissed in procedurally unfair manner following restructuring – Respondent argued applicant employed on casual contract providing for 24 hours notice of termination – Respondent argued had checklist showing applicant provided EA – Authority found respondent’s evidence preferred – Found applicant must have agreed to terms by conduct – Found casual or seasonal work must have ended three months after it commenced – Found provisions in EA about seasonal or casual employment not effective when applicant dismissed – Found real nature of employment differed from label on EA – Found overall was ongoing employment relationship with actual hours of work subject to weather interruption and other agreed variations – Found respondent had decided before meeting with applicant to dismiss applicant because of redundancy situation – Found genuine redundancy situation existed that needed to be dealt with promptly – Found respondent did not comply with duty of good faith to provide applicant with relevant information and opportunity to comment before decision made – Found telling applicant to leave premises more or less immediately fell short of implementing redundancy decision fairly and sensitively – Dismissal unjustified – Remedies – No contributory conduct – Authority noted if was required to assess lost remuneration would have considered that four weeks after dismissal respondent made re-employment offer – Found suddenness of dismissal caused high degree of anxiety and stress – Found $2,500 compensation appropriate – Agricultural worker |
| Result | Application granted ; Compensation for humiliation etc ($2,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s4(4)(e) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Jinkinson v Oceania Gold (NZ) Ltd [2009] ERNZ 225 |
| Number of Pages | 8 |
| PDF File Link: | ca 179_10.pdf [pdf 31 KB] |