| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 3 |
| Hearing date | 30 Sep 2010 |
| Determination date | 07 January 2011 |
| Member | V Campbell |
| Representation | Quin (in person) ; R Alchin |
| Location | Tauranga |
| Parties | Quin v Trucking Relief (Waikato) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following period of leave – Applicant undertook delivery work on behalf of respondent for client (“E”) on casual basis – Applicant claimed promised position to become permanent – Respondent claimed understood E to take on permanent staff but never eventuated – Authority found applicant signed casual employment agreement but relationship not operated as such – Found at commencement of employment relationship intended employment relationship to change – Applicant required to provide notice before taking leave – Found inconsistent with casual employment agreement – Respondent claimed employment relationship unchanged and at all times casual arrangement – Found employment relationship progressed and became ongoing in nature – Applicant claimed returned from period of leave and told by E no work currently available – Applicant claimed received no response from respondent to enquiries – Found respondent advised unable to advise applicant about work for E – E advised no longer any work for applicant due to driver hired during period of applicant’s leave – Respondent claimed applicant rejected alternative employment – Found applicant terminated own employment by refusing alternative employment – No dismissal – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_3.pdf [pdf 34 KB] |