| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 80 |
| Hearing date | 1 Mar 2011 |
| Determination date | 03 March 2011 |
| Member | R Larmer |
| Representation | D Grindle ; R Lambert |
| Location | Whangarei |
| Parties | Graham v Northland Waste Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant fixed term employee and employment ended because fixed term expired – Respondent claimed only wished to engage applicant until review of business needs – Respondent did not provide copy of employment agreement, nor advise applicant to seek independent advice – Authority found fixed term agreement presented to applicant after applicant started work – Applicant claimed did not agree to become fixed term employee – Found respondent could not unilaterally impose fixed term agreement on applicant – Found respondent should have provided fixed term agreement before applicant started work – Found applicant not fixed term employee – Found had respondent not relied on fixed term agreement to end applicant’s employment, almost certain applicant would have been made redundant – Found no fair process undertaken before terminating applicant’s employment – Dismissal unjustified – REMEDIES – Found no reimbursement of lost wages because of likelihood of redundancy – Applicant claimed distressed as had to remove daughter from preschool because could no longer afford it and forced to move into parent’s garage – $6,000 compensation appropriate – COSTS – Half day investigation meeting – $1,700 contribution to costs appropriate – Fleet Manager/Maintenance Officer |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,700) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s63;ERA s63A;ERA s66 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_80.pdf [pdf 22 KB] |