The Law and Alternative Working Arrangements. - Labour Market ...

More documents

Recommendations

Info

4. PERSONS INTENDING TO WORKPrior to the Labour Relations Act 1987, it was not unusual for the courts to find thatthe termination of a contract, after entering into it but before the work had begun, wasa justified dismissal. 27 By including within the definition of worker a person who isintending to work, the situation was remedied. The definition was carried through allsubsequent legislation.In Canterbury Hotel etc IUW v The Elm Motor Lodge Ltd [1989] NZILR 958, acasual worker applied for a permanent position and was appointed. He was given astart date and informed that he would have to fill out an employment form nearer thestarting date. The employment form contained a job description and a letter ofacknowledgment. Prior to signing the form, the employer advised the worker that theposition was no longer available. It was held that there was a concluded contract. Thefact that the grievant had not signed the employment form did not detract from this asit merely contained a job description. The conclusion to be drawn from the case isthat where there is an offer and acceptance, consideration and intent to enter intobinding legal relations, then the person will be held to be a person intending to work.Even if there are matters outstanding, provided there is an offer and acceptance theperson will come within the definition of the Act 28 but there must be more than merediscussions for the Act to apply. 2927 Auckland Clerical etc Employees IUW v Wilson [1980] ACJ 327.28 Harawira v Presbyterian Support Services [1994] 2 ERNZ 281.29 Rhodes v LSS Holdings Ltd unreported CC 10/99.22
5. VOLUNTEERSVolunteers are specifically excluded from the application of the EmploymentRelations Act 2000. This provision is new and was more than likely inserted as aresult of concerns expressed when the first drafts of the ERA were introduced. Therelevant provision (s.6 (1)(c)) was added to ‘provide increased clarity as to the policyintent’ after some submissions on the original Bill assumed that volunteers could fallwithin the definition of ‘employee’ in the legislation (Employment Relations Bill:Report of the Department of Labour to the Employment and Accident InsuranceLegislation Select Committee, June 2000:21).23
Page 1: The Law and Alternative Working Arr
Page 4 and 5: AcknowledgementsThe Labour Market D
Page 6 and 7: PrefaceAn orthodox conventional emp
Page 8 and 9: interpretation of a written contrac
Page 10 and 11: to termination apply as equally to
Page 12 and 13: Haddon v Victoria University of Wel
Page 14 and 15: pursuant to s 66 of the Act. She wa
Page 16 and 17: employee anyone who has been engage
Page 18 and 19: question of whether a person has a
Page 20 and 21: 3. PROBATIONARY PERIODS/TRIAL PERIO
Page 24 and 25: 6. CONCLUSIONThe Employment Relatio
Page 26 and 27: CasesNZ Couriers Ltd v Curtin [1992

The Law and Alternative Working Arrangements. - Labour Market ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?