| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 171/08 |
| Hearing date | 15 Dec 2008 |
| Determination date | 19 December 2008 |
| Member | P R Stapp |
| Representation | S Mitchell ; A Scott Howman, M McGoldrick |
| Location | Wellington |
| Parties | Paki v Alliance Group Ltd |
| Summary | JURISDICTION – Whether applicant person intending to work – Previous Authority determination reinstated applicant to position with Levin Meats Limited (“L”) – Following determination, L sold business to respondent – L disclosed litigation with applicant to respondent – Respondent did not offer applicant position – Applicant claimed entitled to raise grievance as person intending to work - Respondent argued applicant never employee of respondent – Respondent argued arrangement made to cover L’s employees, not including applicant, and no obligations on respondent to offer applicant work as employee – Authority found “person intending to work” defined as person “who has been offered, and accepted, work as an employee”, which did not apply to applicant’s relationship with respondent – Found applicant not employee within definition of term because respondent never bound by applicant’s employment with L – Found exclusion to employ affected worker permitted in law – Found applicant’s terms and conditions of employment with L required offer of employment to be made by any purchaser – Applicant not person intending to work for respondent – No jurisdiction |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s5;ERA Part 6 subpart 3 |
| Cases Cited | Olsen v Carter Holt Harvey IT Limited, unreported CJ Colgan, Shaw J, Couch J, 24 November 2008, AC 45/08 |
| Number of Pages | 6 |
| PDF File Link: | wa 171_08.pdf [pdf 31 KB] |