| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 51/10 |
| Hearing date | 18 Sep 2009 |
| Determination date | 08 February 2010 |
| Member | A Dumbleton |
| Representation | C Courtney ; R Upton |
| Location | Auckland |
| Parties | Phillips and Anor v Criterion Group Ltd |
| Other Parties | Phillips |
| Summary | JURISDICTION – Applicants claimed entered into employment relationship with respondent only to have agreement later denied by respondent’s directors – Applicants sought salary for two year period, compensation for loss of share of profits and compensation for humiliation – Applicants’ business went into receivership – Applicants argued offered employment to continue working in business as employees of respondent – Respondent denied any offer of employment – Applicants’ business acquired by company which respondent was shareholder in and directors were directors of – Respondent denied ownership or control over applicants’ business – Respondent claimed many conditions had to be satisfied before any offer of employment could be made – Respondent’s evidence preferred – Found no offer of employment – Found communications between parties were expansions of idea rather than offer and acceptance of contractual terms – Found uncertainty as to terms of contended agreement – Found no employment relationship |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA |
| Number of Pages | 7 |
| PDF File Link: | aa 51_10.pdf [pdf 34 KB] |