| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 45 |
| Hearing date | 5 Nov 2013 |
| Determination date | 11 February 2014 |
| Member | T MacKinnon |
| Representation | E Burke ; R McCabe |
| Location | Hamilton |
| Parties | CTC Aviation (NZ) Ltd v Sinton |
| Summary | RECOVERY OF MONIES - Applicant sought recovery of pro rata amount of relocation bond and training bonds - Applicant claimed induced into entering bonds by respondent's misrepresentation - Whether applicant accepted job on basis applicant would be mainly employed on multi-engine flight instruction - Unjust enrichment - Whether training bonds amounted to premium for employment - Flight instructor |
| Abstract | AUTHORITY FOUND -;RECOVERY OF MONIES: Respondent did not misrepresent nature of employment. No basis for claim respondent would be unjustly enriched by applicant's repayment of bonds. Respondent incurred cost of providing training. Bonds did not equate to premium on employment. Relocation bond and training bonds entered into by parties binding and enforceable. Respondent to pay applicant $5,735 recover of monies. Interest payable. |
| Result | Application granted; Recovery of monies ($5,735); Interest (5%); Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA s174(b) - Contractual Remedies Act s6 - Contractual Remedies Act s7 - Contractual Remedies Act s9 - Wages Protection Act 1983 s12A - |
| Cases Cited | Foai v Air New Zealand Ltd [2012] NZEmpC 57;Mehta v Elliott (Labour Inspector) [2003] 1 ERNZ 451;New Zealand Fire Service Commission v Warner [2012] ERNZ 290;Sears v Attorney-General [1994] 2 ERNZ 39 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Auckland_45.pdf [pdf 299 KB] |