| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 459 |
| Determination date | 14 December 2012 |
| Member | J Crichton |
| Representation | H Wenham ; No appearance |
| Parties | Forme Skin and Body Ltd t/a Forme Spa v Greig |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of money paid to respondent in error – Authority found applicant used best endeavours to have respondent repay money – Found fact money placed into respondent’s account five months after end of employment relationship should put respondent on notice not entitled to retain money – Respondent to pay applicant $1,366 recovery of monies |
| Abstract | Applicant sought recovery of money paid to respondent in error. No appearance for respondent. Five months after end of employment relationship, respondent’s name added to applicant’s payroll again accidentally and payment made. Respondent claimed fact payment made five months after end of employment relationship meant payment voluntary and no proper efforts made by applicant to contact respondent privately. Applicant claimed numerous attempts made to contact respondent.;AUTHORITY FOUND –;RECOVERY OF MONIES: Applicant used best endeavours to have respondent repay money. Fact money placed into respondent’s account five months after end of employment relationship should put respondent on notice not entitled to retain money and reasonable person would conclude money placed into account by mistake. Respondent to pay applicant $1,366 recovery of monies. |
| Result | Application granted ; Recovery of monies ($1,366.95) ; No order for costs |
| Main Category | Recovery of Monies |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_459.pdf [pdf 127 KB] |