| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 265 |
| Hearing date | 27-Jul-15 |
| Determination date | 03 September 2015 |
| Member | Rachel Larmer |
| Representation | T Hossain ; C Bennett |
| Location | Auckland |
| Parties | Jones v Muldoons Investments Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Whether applicant ever offered employment – Bar manager |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Unlikely that applicant verbally offered job at interview. More likely applicant told reference checks would be done first before job offered. If parties in legally binding employment relationship, no need for respondent to do reference checks because checks would be redundant. Applicant did not query need for further interview or reference checks, implying applicant aware not in employment relationship yet. Terms of employment not certain. Parties did not agree start date. Applicant not given written employment agreement and respondent had not made arrangements to do so. Event attended by applicant at respondent’s premises not “staff meeting” as other non-staff attended. Applicant never offered employment so not “person intending to work”. Applicant not in employment relationship with respondent. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s4(2);ERA s4(2)(a);ERA s5;ERA s6;ERA s6(1)(a);ERA s6(1)(b);ERA s6(1)(c);ERA s6(2) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_265.pdf [pdf 168 KB] |