| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 210 |
| Hearing date | 28 May 2014 |
| Determination date | 30 May 2014 |
| Member | A Fitzgibbon |
| Representation | S Kopu ; G Wolmarans (in person) |
| Location | Auckland |
| Parties | Athenry Electrical Ltd v Wolmarans |
| Summary | RECOVERY OF MONIES - Applicant sought recovery of training costs - Respondent required to sign training policy (policy") requiring respondent to reimburse applicant costs of training if left employment within certain time - Applicant agreed to fund respondent's training costs and paid costs in full prior to introduction of training policy - Respondent resigned - Whether policy applied retrospectively - Diploma in Advanced Automation - Manager electrical engineering" |
| Abstract | AUTHORITY FOUND -;RECOVERY OF MONIES: Respondent signed policy after having reasonable period of time to consider policy. Salary increase offered to respondent conditional upon respondent signing policy and respondent chose to sign policy along with salary increase. All requirements for legally binding contract between parties existed. Policy binding on respondent. Respondent knew training policy applied to current study. Policy stated clearly that applied to current and future training. Nothing to prevent contract having retrospective effect. Policy applied to respondent's current training towards Diploma. Respondent to pay applicant $8,144 recovery of monies. Interest payable. |
| Result | Application granted ; Recovery of monies ($8,144.15) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA Second Schedule cl11 |
| Cases Cited | Trollope & Colls Ltd t/a Nuclear Civil Constructors (A Firm) v Atomic Power Constructions Ltd [1963] 1 WLR 333 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_210.pdf [pdf 171 KB] |