| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 85 |
| Hearing date | 15-Mar-16 |
| Determination date | 16 March 2016 |
| Member | Robin Arthur |
| Representation | M Nutsford ; J Burley, A Stacey-Jacobs |
| Location | Auckland |
| Parties | Young v Century 21 New Zealand Ltd |
| Summary | JURISDICTION – Whether applicant in employment relationship with respondent – Whether offer of employment accepted before being withdrawn – COSTS – Respondent sought contribution towards costs - Franchise sales manager |
| Abstract | AUTHORITY FOUND –;JURISDICTION: No agreement reached as to salary, commission and mileage allowance. Conflicting evidence between parties as to communication and dates. Applicant familiar with contractual requirements. Applicant did not fulfil clear written acceptance requirement. Applicant’s behaviour not consistent with someone who had accepted job. Applicant acted only after seeking advice. Applicant did not act consistently with person who had already accepted job. No jurisdiction.;COSTS : Less than one day investigation meeting. Appropriate to apply notional daily tariff. Applicant to pay respondent $2500 contribution towards costs. |
| Result | Application dismissed ; Costs in faour of respondent ($2,500) |
| Main Category | Jurisdiction |
| Statutes | ERA s5;ERA s6;ERA s6(1)(a);ERA s6(b)(ii);ERA s174;ERA s174B;ERA s174E |
| Cases Cited | Baker v Armourguard Security Limited [1998] 1 ERNZ 424 (EmpC);Fagotti v Acme Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Weal v Leusen Holdings [2002] 1 ERNZ 655 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_85_amended.pdf [pdf 226 KB] |