| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 139/09 |
| Hearing date | 25 Feb 2009 |
| Determination date | 04 May 2009 |
| Member | A Dumbleton |
| Representation | M Finch ; D Traylor |
| Location | Auckland |
| Parties | Prakash v Chief Executive of the Department of Corrections |
| Summary | JURISIDICTION – Whether applicant a person intending to work – Applicant claimed although engaged as an employee, respondent later rejected assertion, constituting a dismissal – Respondent argued applicant never became an employee of respondent therefore had no employment to be terminated – Applicant claimed told by recruitment co-ordinator (“P”) that after completed final step of recruitment process would receive employment offer – Applicant claimed after completed final step telephoned by P who offered congratulations – Also claimed told by P would be confirmation letter in post – Claimed although letter not received, offer and acceptance established – P denied telling applicant accepted employment – Authority found although P spoke to applicant in welcoming and encouraging way could not have been interpreted by applicant as offer of employment – Found P did not misrepresent respondent’s recruitment processes – Found applicant could not have reasonably believed exception being made where oral offer instead of usual written offer – Found whether person intending to work not to be determined by subjective intention of that person – Found no offer of employment made to applicant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s6 |
| Number of Pages | 5 |
| PDF File Link: | aa 139_09.pdf [pdf 22 KB] |