| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 297 |
| Hearing date | 22-Sep-15 |
| Determination date | 28 September 2015 |
| Member | Vicki Campbell |
| Representation | E Burke ; R McCabe |
| Location | Auckland |
| Parties | CTC Aviation Training (NZ) Ltd v Holman |
| Summary | JURISDICTION - Whether Authority had jurisdiction to require respondent to pay applicant outstanding balance of training fee - Whether employment relationship problem or contractual debt - COUNTERCLAIM - ARREARS OF WAGES - Respondent sought recovery of training fee - Training fee paid in form of initial deposit and subsequent deductions from wages - Whether training fee was premium on employment - COUNTERCLAIM - JURISDICTION - Whether jurisdiction to consider argument that respondent induced into training agreement through misrepresentation by applicant - Flight Instructor |
| Abstract | AUTHORITY FOUND -JURISDICTION - Applicant consented in employment agreement to pay off training fee with regular deductions. Deductions were incident to employment relationship. When applicant went on unpaid leave employment term relating to deductions no longer effective. Payment of outstanding balance of training fee not term and condition of employment. Outstanding balance of training fee contractual debt not employment relationship problem. No jurisdiction to require respondent to pay outstanding balance of training fee.COUNTERCLAIM - ARREARS OF WAGES - RECOVERY OF MONIES - Respondent required additional training and flight experience in order to gain employment with applicant. Respondent likely to gain employment with applicant if respondent took applicant’s training course. Training fee not premium on employment. No arrears of wages. No recovery of monies.COUNTERCLAIM - JURISDICTION: Claim that respondent induced through misrepresentation to enter training agreement outside Authority’s jurisdiction. No jurisdiction to consider whether respondent induced into training agreement through misrepresentation. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Contractual Remedies Act 1979 s7(3) - ERA s174E - Wages Protection Act 1983 s12A |
| Cases Cited | Glenmavis Farm Partnership (2007) v Todd [2012] NZEmpC 137, (2012) 10 NZELR 338Sears v Attorney-General [1994] 2 ERNZ 39 |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Auckland_297.pdf [pdf 185 KB] |