| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181A/02 |
| Hearing date | 30 Jul 2002 |
| Determination date | 19 August 2002 |
| Member | T Woods |
| Representation | D Jacobson ; L Turner |
| Location | Auckland |
| Parties | Clarke v Norske Skog Tasman Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether fixed term or permanent employee - Employed on series of fixed term contracts - Respondent decided to make fixed term positions permanent - Applicant not chosen for permanent position - Fixed term contract not renewed - Genuine commercial reasons for fixed term positions initially - Market uncertainty - Not permanent employee - Expiry of contract did not amount to dismissal - UNJUSTIFIED DISADVANTAGE - Non-appointment to permanent position - Alleged selection process biased and unfair - No evidence of bias - Selection process fair - Made first short-list but not second - Disadvantage claim not established - Paper finishing operator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s66;ERA s66(2) |
| Cases Cited | Actors Variety and Performing Artists Equity of New Zealand IUOW v The Auckland Theatre Trust Inc [1989] 1 NZILR 463 ; (1989) ERNZ Sel Cas 247 ; [1989] 2 NZLR 154;Principal of Auckland College of Education v Hagg [1997] ERNZ 116;Vice-Chancellor, University of Canterbury v Purchas [1998] 3 ERNZ 925 |
| Number of Pages | 10 |
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