| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 2 |
| Hearing date | 22-Dec-16 |
| Determination date | 04 January 2017 |
| Member | T Tetitaha |
| Representation | K Smith (in person) ; C Latu |
| Location | Paihia |
| Parties | Thirty30 Ltd v Latu |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of monies for course fees, replacement of work uniform and payment of bar tab |
| Abstract | AUTHORITY FOUND –RECOVERY OF MONIES: No term in employment agreement requiring applicant to repay course fee. Respondent casual employee. Inconsistent with casual employment for applicant to be bonded to work for applicant for year. Reasonable people in parties’ shoes could not have intended for term requiring applicant to work for year to be part of employment agreement. Applicant not required to repay course fee. Implied term for respondent to return work uniform and phone. Respondent to return uniform and phone or pay applicant $130 recovery of monies. Reasonable to infer agreement for respondent to bill food and beverages with staff discount. Respondent to pay applicant $179 recovery of monies. |
| Result | Application partially granted ; Recovery of monies ($179.70) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Recovery of Monies |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Auckland_2.pdf [pdf 156 KB] |