| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 374/05 |
| Hearing date | 8 Jul 2005 - 19 Aug 2005 (2 days) |
| Determination date | 22 September 2005 |
| Member | V Campbell |
| Representation | B Nabney ; G Kerr |
| Location | Auckland |
| Parties | Claxton v Paltridge and Anor t/a Quickprint |
| Other Parties | Kerr |
| Summary | JURISDICTION - Whether employment relationship entered into - Applicant originally employed by S - S entered into sale and purchase agreement for business with respondent with agreed settlement date - Respondent made it clear to employees they needed to be in employ of S as at settlement date to carry on employment with respondent - Applicant's pay not deposited in bank account and she left employment with S without notice - Contacted respondent who told her she would have to attend interview if she wanted to work for respondent - No concluded employment agreement between parties as no offer capable of acceptance - If this wrong, any agreement was conditional on applicant remaining in S's employ until settlement date - Applicant failed to meet condition - No employment relationship |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s5;ERA s6(b)(ii) |
| Number of Pages | 4 |
| PDF File Link: | aa 374_05.pdf [pdf 16 KB] |