| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 51 |
| Hearing date | 24 Nov 2014 |
| Determination date | 20 February 2015 |
| Member | V Campbell |
| Representation | P McGrath ; J Mitchell |
| Parties | Davis v The New Zealand Health IT Cluster Inc |
| Summary | JURISDICTION - Whether applicant person intending to work - Chief Executive Officer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No agreement reached as to start date. Whether applicant would be employee or independent contractor key outstanding issue. No arrangements for work concluded. Even if offer made to applicant capable of acceptance, applicant's e-mails amounted to counter offer. Respondent entitled to reject counter proposals. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s6;ERA s6(1)(a);ERA s6(1)(b);ERA s174 |
| Cases Cited | Weal v Leusen Holdings Ltd, (t/a Heather-Lea Rest Home) [2002] 1 ERNZ 655 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_51.pdf [pdf 163 KB] |