| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 171 |
| Hearing date | 27-Jul-16 |
| Determination date | 26 September 2016 |
| Member | C Hickey |
| Representation | B Rutter, A Chamberlain ; C Sutherland (in person) |
| Location | Christchurch |
| Parties | Canterbury Trellis Ltd v Sutherland |
| Summary | BREACH OF CONTRACT – Applicant sought damages for loss incurred as a result of respondent’s lack of communication over injury and inability to lessen impact of respondent’s absence from work - Whether respondent delayed in seeking treatment |
| Abstract | AUTHORITY FOUND –BREACH OF CONTRACT: No evidence that injury would have been resolved earlier if respondent had sought treatment from GP earlier. Applicant caused respondent to consult chiropractor before GP. Prognosis for injury kept changing each time respondent assessed. Respondent did not deliberately provide misleading and untrue information to applicant. Respondent breached good faith when misleading applicant that he was waiting for treatment tomorrow. Breach not deliberate, serious and sustained. Respondent’s failure to give a week’s notice was remedied by applicant withholding a week’s worth of final pay. Respondent did not breach any duties which lead applicant to suffer financial loss. Even under optimum conditions and prompt communication applicant would have lost economic benefit of respondent’s work due to injury. Respondent did not cause loss. No damages. |
| Result | Application dismissed; No order for costs. |
| Main Category | Breach of Contract |
| Statutes | ERA s4 – ERA s4A |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Christchurch_171.pdf [pdf 252 KB] |