| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 34 |
| Determination date | 25 February 2014 |
| Member | D Appleton |
| Representation | M Morris (in person) ; K Smith |
| Parties | Morris v Christchurch Polytechnic Institute of Technology |
| Summary | JURISDICTION – Whether applicant person intending to work – Unilateral withdrawal of offer of employment |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant not aware point of salary scale in collective employment agreement applicant to be appointed to. Salary essential term of agreement not agreed and no sufficiently certain offer made by respondent capable of being accepted by applicant. Applicant did not actually accept offer. Respondent entitled to withdraw unaccepted offer. Applicant not person intending to work. No employment agreement formed in respect of which compliance could be ordered. Applicant not “worker” under Wages Protection Act 1983. Authority unable to order respondent to pay other people adversely affected by withdrawal of position and not implicit in job advertisement that somebody would get position. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s5;ERA s6;ERA s103;ERA s103(1)(a);ERA s137;ERA s137(1)(a)(i);Wages Protection Act 1983 |
| Cases Cited | Fisher v Bell [1961] 1 QB 394;Weal v Leusen Holdings Ltd, (t/a Heather-Lea Rest Home) [2002] 1 ERNZ 655 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_34.pdf [pdf 328 KB] |