| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 102 |
| Hearing date | 19 Jan 2011 |
| Determination date | 16 March 2011 |
| Member | V Campbell |
| Representation | C Hay ; K Burson |
| Location | Auckland |
| Parties | Osman v Greenlea Premier Meats Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Respondent operated seasonally and majority of staff laid off in between seasons – Applicant expected to be re-employed for new season but no positions available – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed if there was dismissal it occurred at end of previous season and outside 90 day period – Authority found respondent stopped making KiwiSaver contributions during off season – Found workers could take up alternative employment during off season or receive unemployment benefit – Found respondent notified workers of start date and provided workers with period to confirm – Found collective employment agreement stated employment seasonal and security of ongoing employment subject to re-engagement – Found applicant dismissed at end of previous season – Found applicant not employee at time respondent offering employment for new season so could not raise personal grievance at that time – Respondent claimed unable to contact applicant about position once plant operating at full production – No dismissal – RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Found applicant not dismissed when new season started but was not offered position – Found grievance not raised within 90 days – Slaughterman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6;ERA s114;Holidays Act 2003 |
| Cases Cited | New Zealand Meat Workers’ Union Inc v Alliance Group Limited [2006] ERNZ 664 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_102.pdf [pdf 29 KB] |