| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 256/10 |
| Hearing date | 26 Jan 2010 |
| Determination date | 27 May 2010 |
| Member | D King |
| Representation | D Flaws ; J Braithwaite |
| Location | Auckland |
| Parties | Stacey v Jagar Management Ltd |
| Summary | JURISDICTION – Whether person intending to work – Applicant employed at business (“FC”) which entered into sale and purchase negotiations with respondent - FC advised employees uncertain whether employment would continue after purchase settled – Applicant claimed had discussion with respondent’s manager (“M”) – Claimed M asked applicant whether would stay on for at least two years which constituted employment offer – Claimed offer accepted - Applicant subsequently notified purchase settled however no employment offered to FC’s employees – Respondent argued no discussion took place – Authority found even if discussion took place, no employment offered - Found discussion of general nature and no employment terms discussed – No jurisdiction |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | Labour Relations Act 1987 |
| Cases Cited | Buchanan v R&J Little Ltd t/a Subway Hamilton unreported, RA Monaghan, 16 Aug 2004, AA 259/04;Canterbury Hotel etc IUOW v The Elms Motor Lodge Limited [1989] 1 NZILR 958 |
| Number of Pages | 6 |
| PDF File Link: | aa 256_10.pdf [pdf 19 KB] |