Job misunderstanding

Confusion over an offer of employment resulted in two Dunedin parties going before the Employment Relations Authority recently.

Brendan Benjamin took Eurotech WinDoors before the authority, saying he was dismissed after accepting a job offer.

Eurotech, however, denied dismissing him, on the basis that it could not dismiss someone it had never employed.

Mr Benjamin applied for an advertised position at the company in June, but was not successful.

When the successful applicant could not start work until mid-August, it was decided Mr Benjamin would be offered contractual work to ensure a contract could be completed.

He was contacted in July and asked to come in to discuss the work.

Mr Benjamin said that during the meeting with two directors of the company, he was offered employment as a contractor for two months, following which he would start permanent work on a wage.

However, both directors denied offering him work as an employee.

The authority concluded no offer of employment was made and asked the parties to resolve any issue of costs.

In its decision, the authority wrote that it did not believe Mr Benjamin was attempting to mislead anyone, rather he interpreted comments and answers to his questions in a way which suited his goal of steady employment.

• The authority has imposed a $2000 penalty against Maori Hill and Balmacewen Pharmacy Ltd for failing to pay wages owing to a group of former employees, as determined by the authority in August.

 

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