| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 19 |
| Hearing date | 10 Jan 2013 |
| Determination date | 21 January 2013 |
| Member | E Robinson |
| Representation | M Harrison ; N Faltaus |
| Location | Auckland |
| Parties | Hussein v Otahuhu Commuity Pharmacy Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Whether applicant person intending to work – Applicant claimed unjustifiably dismissed by respondent - Constructive dismissal - WINZ subsidy - Pre-employment test – Pharmacy assistant |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No offer and acceptance. No discussion of terms of employment. No evidence of contractual intention to support existence of employment contract between applicant and respondent. Applicant not an employee of respondent. No jurisdiction. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s7 - ERA s6 – ERA s6(2) - ERA s102 |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;McDonald v Ontrack Infrastructure Ltd [2010] ERNZ 223;Weal v Leusen Holdings Ltd (t/a Heather-Lea Rest Home) [2002] 1 ERNZ 655 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_19.pdf [pdf 198 KB] |