| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 100/01 |
| Hearing date | 27 Jul 2001 |
| Determination date | 14 August 2001 |
| Member | R A Monaghan |
| Representation | P Diver ; B Cunningham |
| Location | Auckland |
| Parties | Jarvie v Zebrax Unlimited Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Negotiations for promotion - Applicant believed verbal fixed-term agreement had been reached - Miscommunication led to termination of negotiations by respondent - Whether binding agreement reached - Offer but no acceptance - No meeting of minds - Promotion duties initiated but not evidence of binding agreement - Major terms and conditions not finalised - No binding agreement - Entitled to withdraw offer of promotion - Applicant entitled to expect fair treatment in negotiations for promotion - Breakdown in communication between both parties - No warning or opportunity to respond to reason for termination of negotiations - Unjustified disadvantage - No deceptive conduct or breach of good faith obligations - Applicant already employed by respondent so not a prospective employee under s64 Employment Relations Act 2000 - Assistant shop manager |
| Result | Application granted in part ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s64(5);ERA s103(1)(b) |
| Cases Cited | Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 |
| Number of Pages | 8 |
| PDF File Link: | aa 100_01.pdf [pdf 39 KB] |