| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 259/04 |
| Hearing date | 21 Jul 2004 |
| Determination date | 16 August 2004 |
| Member | R A Monaghan |
| Representation | A Collins ; T Oldfield |
| Location | Auckland |
| Parties | Buchanan v R & J Little Ltd t/a Subway Hamilton |
| Summary | UNJUSTIFIED DISMISSAL - Whether person intending to work - Applicant friends with owner of respondent - Possibility of applicant being new manager for respondent discussed - Applicant alleged was offer and acceptance of work - Respondent alleged were just discussions over possibility - Conflict of evidence - Applicant resigned from job and told respondent - Applicant made comment to nephew about new boss" - Had been previous joking comments about respondent being new boss - Applicant involved in some of respondent's business matters but those incidents indicative of nature of friendship - Meeting to discuss various issues - Day after meeting applicant informed no manager's position would be created at that time - No express or implied offer - Existing friendship made problem difficult to determine - Some aspects of respondent's conduct unwise - Respondent should have drawn clearer line between consulting with friend about creation of position and prospective employee - Finely balanced case - Not persuaded was an offer of employment - Not a person intending to work" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s2;ERA s6(1)(b)(ii) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 8 |
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