Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 96/07
Hearing date 23 May 2007
Determination date 09 August 2007
Member J Crichton
Representation P MacDonald ; J Bolton
Location Christchurch
Parties Jack v Duratcech Wholesale Ltd
Summary JURISDICTION – Whether person intending to work - Applicant claimed unjustifiably dismissed when respondent withdrew offer of employment after she accepted it – Respondent accepted parties discussed employment but claimed withdrew offer before applicant accepted it – Respondent arranged for applicant and another to travel to head office – Described purpose of meeting as “getting to know” potential employees – Applicant claimed told respondent her fear of flying meant she would only attend if had employment with respondent - Alleged respondent told her to book her ticket – Submitted this constituted offer and acceptance - Respondent later sent formal offer of employment – Applicant advised respondent she had made non-negotiable changes to offer based on legal advice – Respondent claimed withdrew offer as changes extensive and amounted to unacceptable counter-offer - No offer capable of acceptance before formal offer sent by respondent - Offer not accepted by applicant - Applicant not employed by respondent
Result Application dismissed ; Costs reserved
Main Category Jurisdiction
Number of Pages 6
PDF File Link: ca 96_07.pdf [pdf 23 KB]