| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 241 |
| Hearing date | 11-Jul-16 |
| Determination date | 13 July 2016 |
| Member | Rachel Larmer |
| Representation | M Leaf ; W Reid |
| Location | Tauranga |
| Parties | Beehre & Beehre t/a Bee Happy Bees v Lawrence |
| Summary | JURISDICTION - Respondent sought damages for loss incurred as result of negligence - RECOVERY OF MONIES - Applicant sought recovery of sick leave paid in advance |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Negligence is a tort. Authority does not have jurisdiction to deal with actions founded on tort. No jurisdiction.;RECOVERY OF MONIES: Respondent agreed to pay back advanced sick leave if employment ended within 6 months. Agreement was not limited to resignation situation. Respondent to pay applicant $660 recovery of monies. |
| Result | Application granted (recovery of monies) ; Recovery of monies ($660) ; Application dismissed (jurisdiction) ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s161(1)(r) |
| Cases Cited | BDM Grange Ltd v Parker [2006] 1 NZLR 353 (HC) |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Auckland_241.pdf [pdf 200 KB] |