| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 141/07 |
| Hearing date | 16 Oct 2007 |
| Determination date | 19 October 2007 |
| Member | D Asher |
| Representation | V Eades ; P Drummond |
| Location | Palmerston North |
| Parties | Jurgens v Martin Engineering (PN) Ltd |
| Summary | JURISDICTION – Whether employee - Whether applicant unconditionally offered employment - Applicant claimed person intending to work – Respondent denied employment relationship existed – Applicant interviewed for vacancy – Claimed offered and accepted employment – Respondent contended any offer subject to satisfactory reference check – Applicant required to fill in job seekers form and given draft employment agreement containing start date – While initially interested in employing applicant, as consequence of discussion with referees respondent decided not to offer him employment – Credibility finding in favour of respondent – Any employment offer conditional on referee check – Applicant remained job applicant, not employee – No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | ERA s6(1);ERA s114(1) |
| Number of Pages | 7 |
| PDF File Link: | wa 141_07.pdf [pdf 24 KB] |