| Summary |
JURISDICTION - UNJUSTIFIED DISMISSAL – Whether person intending to work – Applicant alleged offered and accepted employment – Respondent denied making offer and considered exchange about terms and conditions a general discussion about position – Alleged later attempted to contact applicant, and when he did not respond, it appointed someone else – Applicant did not accept respondent mailed documents and submitted it simply changed its mind and failed to advise him – Respondent sought employee in response to new contract with client – At date of alleged offer contract not finalised – Unlikely respondent would make express offer at that time – Not made clear to applicant that job description being provided to other candidates – Situation exacerbated by parties differing use of “would” e.g. applicant indicated “would accept” salary, which respondent took as indication of interest in position , not acceptance of offer – Authority of view miscommunication led to problem, rather than change of mind on respondent’s part – No offer and acceptance – No employment relationship created - Gardener |