| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 41/07 |
| Hearing date | 8 Feb 2007 |
| Determination date | 12 April 2007 |
| Member | J Crichton |
| Representation | M Knowler ; A Logan |
| Location | Queenstown |
| Parties | Falcone v Civic Coporation Ltd |
| Summary | JURISDICTION - Whether employment relationship existed - Applicant offered employment by respondent - Respondent submitted applicant rejected offer and proposed arrangement where he would accept lesser salary but also derive income from leasing property to respondent - Respondent rejected proposal and advised applicant it no longer wished to negotiate with him - No formal acceptance of position - Applicant believed acceptance indicated by parties' behaviour - Respondent had sent applicant on training and provided him with materials in anticipation of his employment - Did not constitute behaviour which suggested respondent believed concluded bargain - Inconceivable parties could have believed had settled bargain in context of talking about fundamental matters such as a dramatic reduction in salary offset against partial sub-contract arrangement - No settled understanding as to nature of arrangement between them - Applicant's proposal was counter offer and respondent rejected it - No employment relationship - No jurisdiction - Compliance officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 5 |
| PDF File Link: | ca 41_07.pdf [pdf 40 KB] |