| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/03 |
| Hearing date | 28 Mar 2003 |
| Determination date | 08 May 2003 |
| Member | H Doyle |
| Representation | KS Tifaga ; RS Cunliffe |
| Location | Christchurch |
| Parties | Horn & Ors v Red Bus Company Ltd |
| Other Parties | Smith, Bradley |
| Summary | JURISDICTION - Protest to jurisdiction - Unjustified dismissal - Alleged applicant's were not employees - Whether person intending to work - Whether offer and acceptance of employment - Sale of business - Respondent sought to engage individual employment negotiations - Applicants' union refused to allow individual negotiations with members - Retracted stance - Filled out application forms - Applicant's not offered positions - Not employees - Authority lacked jurisdiction - Bus drivers |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s5;ERA s6 |
| Cases Cited | Fletcher Challenge Energy Ltd v Electricity Corporation of New Zealand Ltd [2002] 2 NZLR 433 |
| Number of Pages | 8 |
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