| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 60 |
| Hearing date | 7 Apr 2011 |
| Determination date | 18 April 2011 |
| Member | D Asher |
| Representation | H Davey (in person) ; P Brosnahan |
| Location | Whanganui |
| Parties | Davey v Molan and Anor |
| Other Parties | Grange Transport Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent offered employment and later failed to provide work or pay wages – Claimed lost wages and compensation for humiliation and distress – Applicant approached respondent about employment opportunities and completed application form - Applicant claimed wife accepted employment offer on applicant’s behalf – Respondent claimed only invited applicant to look at business and decide if interested – Parties agreed applicant went out with respondent’s employees for two day period – Respondent claimed only allowed applicant to observe business and assessed applicant’s suitability for future vacancies – Applicant claimed respondent later informed him no work and applicant should not expect payment for first week – Respondent claimed informed applicant no current vacancies and would inform applicant if one arose – Subsequent text exchange supported differing opinions – Respondent claimed would not entrust applicant with valuable equipment until satisfied applicant competent - Authority found in favour of respondent on balance of probabilities – Noted applicant had no driving experience and no regular paid experience in last seven years – Found inherently unlikely respondent offered employment to applicant – Found no discussion of terms and conditions of employment – Found applicant never an employee – Found unable to bring claim of unjustified disadvantage – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s102 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_60.pdf [pdf 14 KB] |