| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 95/02 |
| Determination date | 05 April 2002 |
| Member | WRC Gardiner |
| Representation | McIntosh in person ; T Ivanson |
| Location | Auckland |
| Parties | McIntosh v Chen |
| Summary | UNJUSTIFIED DISMISSAL - Jurisdiction - Whether offered employment contract - Alleged offer revoked before employment commenced - Argued had meeting regarding purchase or management with option to buy business - Advised respondent of intention to manage - Set out terms and conditions - Alleged contacted and asked about commencement - Subsequently informed position no longer available - Alleged applicant only candidate for position - Failed to attain position - Credibility - Applicant's evidence preferred - Phone conversation amounted to offer and acceptance of employment - Applicant was person intending to work - Dismissal procedurally and substantively unjustified - COSTS - Litigant in person - Costs of filing fee appropriate - Motel Manager |
| Result | Application granted ; Reimbursement of lost wages ($2,400)(6 weeks) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($70) |
| Statutes | ERA s5;ERA s6 |
| Cases Cited | Murphy and Routhan t/a Enzo's Pizza v van Beek [1998] 3 ERNZ 736 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |