| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 291/05 |
| Hearing date | 25 Feb 2005 |
| Determination date | 12 August 2005 |
| Member | A Dumbleton |
| Representation | S Langton ; K Thompson |
| Location | Auckland |
| Parties | Scorringe v Freedom Air Ltd |
| Summary | JURISDICTION - Applicant advised at end of interview and selection process that would be employed by respondent upon successful completion of certain proficiency course - Terms and conditions of employment discussed and confirmed - Selection of applicant revoked before commencement of course by company that owned respondent - Applicant never informed that approval by parent company necessary - Whether concluded employment agreement - No offer of employment - Conditional promise of offer of employment once applicant passed course - No employment agreement or relationship until pre-condition satisfied - Baker v Armourguard Security Ltd (cited below) distinguished - Reverse situation - In present case terms of employment settled but employment agreement yet to be formed - No jurisdiction - Applicant should have been told of need for parent company approval - Whether respondent's actions involved lack of good faith in commerce through misleading or deceptive behaviour not issue for Authority to decide - Authority likely to be sympathetic towards applicant in deciding costs because of regrettable way selection process handled - Airline pilot |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(2);ERA s5;ERA s6(1);ERA s161;ERA s162 |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399 |
| Number of Pages | 5 |
| PDF File Link: | aa 291_05.pdf [pdf 31 KB] |