| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 73 |
| Hearing date | 10 Mar 2015 |
| Determination date | 13 March 2015 |
| Member | A Fitzgibbon |
| Representation | A Pratap ; no appearance |
| Location | Auckland |
| Parties | Pratap Transport Ltd v Rennie |
| Summary | BREACH OF CONTRACT - Applicant sought damages for respondent's breach of contract - Triangular employment - Abandonment - Director of applicant sought damages for loss of income as result of having to take leave without pay from ordinary employment in order to cover respondent's driving duties - Personal use of fuel card and radio transmitter - Infringement notice and fine - Respondent charged personal vehicle repairs to applicant and personal accommodation to third party which sought reimbursement from applicant - No appearance for respondent - Truck driver |
| Abstract | AUTHORITY FOUND -BREACH OF CONTRACT: Director could not recover own loss of salary from respondent. Applicant lost income as result of respondent's abandonment. Applicant required to contract services of truck and driver to cover respondent's work which resulted in further losses to applicant. Personal use of fuel card and radio transmitter not approved by applicant. Applicant received infringement notice issued by police in respect of respondent driving in restricted area. Respondent breached terms of employment agreement. Respondent failed to reimburse applicant for repair bill or accommodation. Applicant to pay respondent $4,336 damages. |
| Result | Application granted; Damages ($4,336.20); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Breach of Contract |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_73.pdf [pdf 205 KB] |