| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 102 |
| Determination date | 21 March 2012 |
| Member | K J Anderson |
| Representation | K Lethbridge ; K Bunker |
| Location | Auckland |
| Parties | Rotorua Girls' High School Board of Trustees v Simons |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of $4,097 advanced to respondent – Applicant accepted respondent’s volunteered offer for redundancy – Respondent informed applicant of intention to undertake retraining which allowed respondent to participate in course of study on full pay for one year – Applicant paid respondent salary advances of $4,097 in order to ensure respondent would be paid as normal until received entitlements from course with expectation respondent would repay money – Respondent raised grievance – Parties proposed settlement agreement (“SA”) – Respondent refused to repay applicant salary advances – Parties signed SA – Authority found parties signed agreement that they had reached full and final settlement of all matters arising out of employment relationship – Found appropriate time for applicant to address repayment of salary advances was before signing SA – Found respondent obtained unjust enrichment by refusing to repay moneys owed and stance was morally reprehensible – Found applicant bound by SA and matter could not re-litigated – Assistant Head of Technology |
| Result | Application dismissed ; Costs reserved |
| Main Category | Recovery of Monies |
| Cases Cited | Simons v Board of Trustees of Rotorua Girls High School [2011] NZERA Auckland 237 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_102.pdf [pdf 33 KB] |