| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251A/10 |
| Hearing date | 12 Oct 2010 |
| Determination date | 14 October 2010 |
| Member | R Arthur |
| Representation | J Samoa ; L Rush |
| Location | Auckland |
| Parties | Samoa v Rush Security Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant employed on casual employment agreement – Applicant claimed on expiry of trial period would become permanent worker – Respondent claimed employment agreement indicated no intention to create ongoing employment – Authority found regular work pattern established – Found applicant’s availability for work created mutual expectation of continuity of employment while respondent retained contract for services – Found parties agreed to vary casual employment agreement based on pattern of applicant’s shifts – Found work confirmed in advance by roster – Found starting and finishing times for shifts consistent – Found applicant ongoing or permanent employee – Found applicant dismissed – Found no breach of good faith as applicant provided with accurate information in open manner about dismissal – Found applicant entitled to reasonable notice and be paid for notice rather than instantly dismissed – Found applicant replaced by staff from other sites – Found applicant effectively selected for redundancy ahead of other staff – Dismissal unjustified – REMEDIES – No contributory conduct – Respondent claimed no lost wages should be awarded because applicant admitted concentrated on pursuing grievance rather than finding alternative employment – Found job opportunities significantly limited by recession – $7,647 reimbursement of lost wages appropriate – $5,000 compensation appropriate – Security Officer |
| Result | Application granted ; Reimbursement of lost wages ($7,647.24) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s124;ERA s128;ERA s174 |
| Cases Cited | Bank of Montreal v United Steelworkers of America 87 CLLC 16,044;Jinkinson v Oceana Gold (NZ) Limited unreported, Couch J, 13 August 2009, CC 9/09 |
| Number of Pages | 9 |
| PDF File Link: | aa 251a_10.pdf [pdf 27 KB] |