| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 2/10 |
| Hearing date | 6 Oct 2009 |
| Determination date | 08 January 2010 |
| Member | P Cheyne |
| Representation | B Forrest (in person) ; S Zindel |
| Location | Nelson |
| Parties | Forrest v Nelson Bays Community Law Service Inc |
| Summary | JURISDICTION – Whether applicant employed by respondent – Applicant claimed unjustified dismissal – Respondent argued applicant never employed so not dismissed – Applicant applied for position but unsuccessful – Respondent expressed interest in considering applicant for another position if funding granted – Meeting held between parties to discuss possible employment – No offer of employment made – Respondent unable to employ applicant without government subsidy as funding uncertain – Applicant argument promised position and would be sent contract rejected by Authority – Found promise of contract not offer of employment rather standard terms of employment and possible hours – Found parties discussed dates for applicant to start as volunteer before subsidy granted – Applicant paid for attendance as volunteer – Found evidence of payment did not mean applicant employed as other volunteers receive payments – Found applicant not offered employment – Found applicant not dismissed because no employment agreement |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Number of Pages | 8 |
| PDF File Link: | ca 2_10.pdf [pdf 30 KB] |