| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 54/01 |
| Hearing date | 10 Jul 2001 - 13 Jul 2001 (3 days) |
| Determination date | 13 August 2001 |
| Member | G J Wood |
| Representation | G O'Sullivan, E Eastwood ; J Hannan |
| Location | Wellington |
| Parties | Fenwick and 28 Ors v Knight Frank (NZ) Limited |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Proposed company takeover by respondent - Previous employer sent notices of termination to all staff - Respondent sent offers of employment to all non-management staff - Applicants unaware that takeover and employment subject to approval by respondent's parent company - Communicated acceptance of offers of employment - Filled in tax and direct credit forms - Senior managers' situations no different from other applicants - No approval from parent company - Applicants rehired by previous employer - Whether applicants were persons intending to work - Whole course of conduct considered objectively - Offer and acceptance not required to be written - Clear that all applicants offered and accepted work as employees with respondent - Parties directed to mediation within 21 days of determination to agree on remedies |
| Result | Application granted ; Referred to mediation ; Costs reserved |
| Statutes | ERA s6(1)(b)(ii) |
| Cases Cited | Baker & Ors v Armourguard Security Ltd [1998] 1 ERNZ 424;Canterbury Hotel etc IUOW v The Elms Motor Lodge Ltd [1989] 1 NZILR 958;Harrison v Tuckers Wool Processors Ltd [1998] 3 ERNZ 418;Lamont v Power Beat International Ltd [1998] 2 ERNZ 20;Square 1 Service Group Ltd v Butler [1994] 1 ERNZ 667;Tucker Wool Processors Ltd v Harrison [1999] 1 ERNZ 894 |
| Number of Pages | 14 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |