Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 354/03
Determination date 26 November 2003
Member K J Anderson
Representation P Diver ; J Latimer, A Cooney, J Gibb
Location Auckland
Parties Gwilliam v KPMG and Anor
Other Parties Westpac Banking Corporation Ltd
Summary UNJUSTIFIED DISADVANTAGE - Alleged failure to take reasonable care in providing reference - Authority lacked jurisdiction to hear claim founded on tort - Providing of reference based on honest opinion did not amount to disadvantage - UNJUSTIFIED DISMISSAL - Whether applicant person intending to work - Whether offer of employment conditional upon reference check - Applicant pre-emptively resigned - Employment subject to favourable reference - Applicant not person intending to work
Result Application dismissed ; Costs reserved
Number of Pages 5
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