| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 21 |
| Hearing date | 9 Aug 2011 |
| Determination date | 23 February 2011 |
| Member | P R Stapp |
| Representation | S Duncan ; J Langford |
| Location | Wellington |
| Parties | Restaurant Brands Ltd v Bond |
| Summary | BREACH OF CONTRACT – Applicant sought special and general damages for respondent’s involvement in theft of money from applicant – Respondent claimed applicant’s claims based on suspicion and speculation only – Applicant hired private investigators and installed covert security cameras in investigation into monetary discrepancies – Applicant dismissed respondent for taking company funds – Respondent pleaded guilty to charge laid with Police – Respondent claimed incurred loss by requiring other employees to be involved in investigation – Respondent claimed incurred legal costs prior to lodging application with Authority – Authority found respondent’s behaviour extreme breach which caused proportion of extra cost that applicant incurred in investigation – Found link between respondent’s behaviour and advice and preparation with legal costs incurred by applicant – Found applicant’s loss foreseeable as consequence of respondent’s breach – Found costs applicant incurred in investigating respondent’s conduct reasonable – Found costs applicant incurred in relation to other employees’ time and expenses reasonable – Applicant sought general damages based on allegations respondent manipulated stock figures and data, deliberately did not take significant accumulated annual leave and worked every Monday in order to cover actions, and took more money from applicant than what had been caught with – Found extent of money respondent took not accurately quantified enough to make general damages award – General Manager |
| Result | Application granted ; Special damages ($8,926.41) ; Costs reserved |
| Main Category | Breach of Contract |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Wellington_21.pdf [pdf 33 KB] |