| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 133/03 |
| Hearing date | 28 Mar 2003 |
| Determination date | 07 May 2003 |
| Member | J Scott |
| Representation | E Kernohan ; K Beck |
| Location | Auckland |
| Parties | Kernohan v Auckland University of Technology (AUT) |
| Summary | UNJUSTIFIED DISMISSAL - Whether person intending to work - Whether offer and acceptance - Alleged discrimination due to past settlement of redundancy grievance - Applied for position - Position offered by telephone - Credibility - Respondent's evidence preferred - Parties reached agreement on salary only - Outstanding issues of leave entitlements and continuity of service not concluded - Outstanding issues counted against acceptance of offer - Offer withdrawn before acceptance - Not person intending to work - No evidence of discrimination |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s6 |
| Cases Cited | Attorney-General v Barker Bros Ltd [1976] 2 NZLR 495;Canterbury Hotel etc IUOW v The Elms Motor Lodge Ltd [1989] 1 NZILR 958;Harrison v Tuckers Wool Processors Ltd [1998] 3 ERNZ 418 |
| Number of Pages | 11 |
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