| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 160/05 |
| Hearing date | 24 Aug 2005 |
| Determination date | 10 October 2005 |
| Member | P R Stapp |
| Representation | G Rossiter ; A Blair |
| Location | Palmerston North |
| Parties | Wenborn v Modus Group Ltd |
| Summary | DISPUTE - Whether offer and acceptance - Applicant applied for job advertised by human resources company (S") - Work to be performed for client of company ("M") - Communicated primarily with employee of S but interviewed by M - Alleged S offered applicant employment with M and employment accepted with query about increased wages - M purported to withdraw offer upon learning of applicant's request for more money - M argued arrangement with S anticipated applicant's direct employment would be with S who would contract applicant's services to M - Whether S was M's agent - S was M's agent for purposes of filling vacancy - Insufficient evidence that S had authority to offer position to applicant on basis that M would be employer - Attempts by M to clarify intention that S to be employer and history of like arrangements supported that conclusion - Insufficient evidence that S, or M, conveyed to applicant that S had authority to offer position on basis that M to be employer - Not satisfied that S offered applicant job with direct employment by M although did offer applicant opportunity that could have been to fill vacancy at M whilst employed by S - No offer and acceptance for applicant to be employed by M directly as S had no ostensible authority to act for M for that purpose - Applicant could not have reasonably believed otherwise" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Armagas Ltd v Mundogas SA [1986] AC 717;Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480;Nelson v Porirua Community Law Research Centre Incorporated [1993] 2 ERNZ 1109;New Zealand Building Trades Union v Ebert Bros Construction Ltd [1991] 3 ERNZ 1004;Savill v Chase Holdings (Wellington) Ltd [1989] 1 NZLR 257 |
| Number of Pages | 8 |
| PDF File Link: | wa 160_05.pdf [pdf 37 KB] |