| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 57 |
| Determination date | 12 April 2011 |
| Member | G J Wood |
| Representation | P Cranney ; B Dorking |
| Location | Wellington |
| Parties | Rochford v Vice Chancellor of University of Otago |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent because dismissal in breach of fixed term employment – Respondent claimed applicant employed under probationary arrangement and not fixed term employee – Applicant employed subject to confirmation policy – Applicant never confirmed at end of policy and employment terminated – Respondent’s purpose in offering appointments subject to confirmation to establish suitability for permanent employment – Authority found confirmation was five year process in which employee’s competence assessed – Found five years at extreme end of probationary period but given nature of work and necessary training and supervision required, and implied acceptance of practice in collective agreement, probationary period appropriate – Found fixed term agreement provisions not relevant – Lecturer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66;ERA s66(1)(b);ERA s66(2);ERA s67 |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2010] NZEMPC 62;Norske Skog Tasman Ltd v Clarke [2004] ERNZ 127 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_57.pdf [pdf 24 KB] |