| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 521 |
| Hearing date | 16 Dec 2014 |
| Determination date | 17 December 2014 |
| Member | A Fitzgibbon |
| Representation | J Wang, M Li ; A Dowd (in person) |
| Location | Auckland |
| Parties | WYF International Co Ltd t/a Warm Kiwi Insulation v Dowd |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of wages overpaid to respondent – Whether respondent performed work at locations other than office or construction site – BREACH OF CONTRACT – Applicant sought damages for respondent’s failure to give notice of resignation – Forfeiture provision – Sales representative |
| Abstract | AUTHORITY FOUND –;RECOVERY OF MONIES: Respondent entitled to be paid for statutory holidays. Respondent not informed that required to perform duties in office or at construction site until after last hours applicant sought to recover wages for. No recovery of monies.;BREACH OF CONTRACT: Forfeiture provision in employment agreement not based on any assessment of costs likely to be incurred by failure to give notice. Health reasons for respondent’s failure to give notice relevant to equitable assessment of enforceability of forfeiture provision. Forfeiture provision unenforceable in circumstances. |
| Result | Applications dismissed ; No order for costs |
| Main Category | Breach of Contract |
| Statutes | ERA;ERA s174;Holidays Act 2003 s46 |
| Cases Cited | Ozturk v Gultekin, (t/a Halikarnas Restaurant) [2004] 1 ERNZ 572 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_521.pdf [pdf 163 KB] |