| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 245 |
| Determination date | 09 June 2011 |
| Member | A Dumbleton |
| Representation | C Abaffy ; E Coats |
| Location | Auckland |
| Parties | Murray v Fullers Bay of Islands Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Authority had previously resolved dispute between parties about interpretation, application or operation of collective employment agreement (“CEA”) – Authority gave declaration that in using term “seasonal employee” parties intended “seasonal” to refer to specific time period regarded as high season of employer – Found CEA provided that “seasonal employees” employed on casual basis - Applicant claimed unjustifiably dismissed - Respondent claimed applicant casual employee – Authority found applicant employed as casual employee – Authority found applicant’s last engagement terminated by mutual agreement under casual employment agreement - No dismissal – RAISING PERSONAL GRIEVANCE – Authority found while as causal employee applicant’s employment terminated at end of each engagement possible condition of employment that survived termination could be affected to her disadvantage by unjustifiable action of respondent – Authority found on two occasions respondent did not observe requirements of clause in CEA which continued to apply to applicant between casual engagements - Whether personal grievance raised within 90 days – Authority found evidence showed no grievance about either occasion raised within 90 days – Found applicant had no personal grievance and therefore no entitlement to remedies of any kind |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103;ERA s103(1)(b);ERA s103(3);ERA s114;ERA s122;ERA s123(1)(b) |
| Cases Cited | Murray v Fullers Bay of Islands Ltd unreported, A Dumbleton, 17 Nov 2010, AA 485/10 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_245.pdf [pdf 21 KB] |