| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148/05 |
| Hearing date | 29 Aug 2005 |
| Determination date | 24 November 2005 |
| Member | J Crichton |
| Representation | K Tifaga ; N Ironside |
| Location | Christchurch |
| Parties | Wiley v Benge t/a Bencarri Farm |
| Summary | UNJUSTIFIED DISMISSAL - Whether person intending to work - Credibility - Differing versions of events - Discussion occurred between parties - Applicant alleged was an interview and was offered employment, on salary of $37,000 and accommodation in respondent's home (with respondent moving out) - Respondent alleged conversion was unplanned and discussion about possible future work only - Respondent's wife backed up respondent's versions of events - Respondent experienced employer - Gave evidence that he never employed permanent full time workers and never on a salary - Also gave evidence that he and his wife had decided to no longer have any staff living with them - Incredible that respondent would agree to provide applicant accommodation in own home when had just met applicant, in effect causally, for the first time - Even more incredible that respondent would vacate home in favour of applicant - Applicant simply mistaken - Not a person intending to work - Applicant's witness confirmed his view but witness was simply reporting what applicant had told her - No employment relationship |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5 |
| Number of Pages | 7 |
| PDF File Link: | ca 148_05.pdf [pdf 37 KB] |