| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 97 |
| Hearing date | 13 Mar 2014 |
| Determination date | 17 March 2014 |
| Member | J Crichton |
| Representation | R West ; No appearance |
| Location | Rotorua |
| Parties | Stages Civil and Electrical Ltd v Cooksley |
| Summary | RECOVERY OF MONIES - Applicant sought recovery of wages overpaid to respondent -Erroneous overpayment of wages - Request for reimbursement - Applicant retained wages owed to respondent - No appearance for respondent - Labourer |
| Abstract | AUTHORITY FOUND -;RECOVERY OF MONIES: Overpayment simple mistake allowing applicant to make claim of unjust enrichment and to seek restitution. Authority had jurisdiction to order respondent to repay amount of overpayment. Respondent to pay applicant $9,716 recovery of monies. Applicant to pay wages owed to respondent. |
| Result | Application granted ; Recovery of monies ($9,716.14) ; Orders made ; No order for costs |
| Main Category | Recovery of Monies |
| Statutes | ERA s161;Wages Protection Act 1983;Wages Protection Act 1983 s6 |
| Cases Cited | Foai v Air New Zealand Ltd [2012] ERNZ 229;New Zealand Fire Service Commission v Warner [2010] ERNZ 290;O'Halloran v Attorney-General [1968] NZLR 472 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_97.pdf [pdf 144 KB] |