Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 21/01
Determination date 09 May 2001
Member D Asher
Representation B Buckett ; J Holden
Location Wellington
Parties Hayden v Wellington Free Ambulance Service Inc
Summary UNJUSTIFIED DISMISSAL - Casual employee of respondent - Applied for permanent position - Meetings to negotiate terms of agreement - Asked but refused to give up voluntary work for competitor - Not minor technical detail - Must have concluded employment agreement to found a personal grievance - Matter of contract law - Whether permanent position offered - Whether accepted position - No agreement reached on all terms - No acceptance - Continued to be casual employee - Paramedic
Result Application dismissed ; Costs reserved
Statutes ERA s5;ERA s6;ERA s6(2);ERA s157(2)(c);ERA s157(2)(d)
Cases Cited Barnes v Whangarei RSA Inc [1997] ERNZ 626;Canterbury Hotel etc IUOW v The Elms Motor Lodge Ltd [1989] 1 NZILR 958;Rhodes v LSS Holdings Ltd t/a The Fat Ladies Arms Tavern [1999] 1 ERNZ 501;Victoria University of Wellington v Hadden [1996] 1 ERNZ 139
Number of Pages 10
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