| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 254 |
| Hearing date | 10 Jun 2013 |
| Determination date | 17 June 2013 |
| Member | J Crichton |
| Representation | J Butler (in person) ; D Erickson |
| Location | Auckland |
| Parties | Butler v The Open Polytechnic of New Zealand |
| Summary | JURISDICTION – Whether applicant person intending to work – Applicant candidate for employment – Multiple telephone discussions – Parties met at applicant’s home – Whether hourly rates discussed – Whether applicant offered and accepted employment – Whether respondent offered second position as well – Applicant interviewed poorly |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Second position not available at time of meeting and inherently implausible applicant would be offered first position for short period before relocating to take up second position. Applicant’s email language consistent with recruitment process still being open. Applicant wouldn’t be nervous at interview if job secured. Hourly rate did not apply to first position. Claim removal expenses and study costs would be paid implausible. Respondent’s evidence preferred. No offer, acceptance or intention to create legal relationship. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_254.pdf [pdf 160 KB] |