Jinkinson v Oceana Gold (NZ) Ltd was a 2009 decision of the Employment Court of New Zealand regarding the real status of a worker as either a permanent employee or a casual employee.
The case concerned whether or not the Employment Relations Authority had erred in law by determining that Jinkinson was a casual employee of Oceana Gold (NZ) Ltd. Judge AA Couch delivered the Employment Court's decision allowing Jinkinson's appeal and overturning the decision of the Employment Relations Authority.
Those rights include access to the personal grievance process”[1]Whatever the nature of the employment relationship, the parties will have mutual obligations during periods of actual work or engagement.
If those obligations only exist during periods of work, the employment will be regarded as casual.
If there are mutual obligations which continue between periods of work, there will be an ongoing employment relationship"[2]