| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 51/09 |
| Hearing date | 12 Feb 2009 - 19 Mar 2009 (2 days) |
| Determination date | 03 June 2009 |
| Member | J Crichton |
| Representation | A Wilding (in person) ; H Van Schreven, J Boyce |
| Location | Christchurch |
| Parties | Wilding v Marron & Anor t/a Akaroa Cinema (J M Global Entertainment Ltd) |
| Other Parties | Marron |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed offered and accepted employment by respondents – Claimed dismissed when respondents advised applicant would not be required – Respondents denied offering applicant position – Respondents were husband and wife – Applicant claimed employment offered and accepted at meeting with wife, with days of work unconfirmed – Respondents argued only possibility of employment discussed, with no offer and acceptance – Telephone and email communication followed meeting – Applicant’s mother gave evidence of applicant’s belief had job after meeting and applicant’s end of telephone discussions – Authority focussed on meeting – Authority rejected respondent’s argument that wife did not have hiring and firing power, so any offer of employment in meeting did not bind respondent – Found applicant unaware wife not capable of offering employment – Found applicant entitled to regard wife as able to bind employer in offering employment – Found that at meeting or thereabouts, respondents committed to employ applicant on settled terms and conditions but without commitment on dates – Found dates agreed upon in later communications – Found applicant’s subsequent behaviour and arrangements showed thought had job – Found respondents’ emails to applicant only made sense if discussing concluded bargain – Authority found employment relationship developed to extent that uncertainties satisfactorily resolved and was settled understanding – Dismissal unjustified – Remedies – No contributory conduct – Applicant entitled to compensation, lost wages and Authority filing fee - Cinema worker |
| Result | Application granted ; Reimbursement of lost wages ($4,185) ; Compensation for humiliation etc ($1,000) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | ca 51_09.pdf [pdf 32 KB] |