| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 202 |
| Hearing date | 14 Feb 2012 |
| Determination date | 13 June 2012 |
| Member | D King |
| Representation | G Smith ; M Artho (In Person) |
| Parties | Phoenix Cabs 2006 Ltd v Artho |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s failure to exercise reasonable skill and care – Authority found respondent breached employment agreement by failing to exercise reasonable skill and care by driving applicant’s vehicle while intoxicated – Respondent to pay applicant $11,225 damages |
| Abstract | Applicant sought damages for respondent’s failure to exercise reasonable skill and care. Respondent crashed applicant’s vehicle while intoxicated.;AUTHORITY FOUND –;BREACH OF CONTRACT: Respondent breached employment agreement by failing to exercise reasonable skill and care by driving applicant’s vehicle while intoxicated. Respondent to pay applicant $11,225 damages. |
| Result | Application granted; Damages ($11,225.13); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Breach of Contract |
| Cases Cited | Katz v Mana Coach Services Ltd (2011) 9 NZELC 93,863 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_202.pdf [pdf 82 KB] |