| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 416 |
| Hearing date | 14-Nov-16 |
| Determination date | 21 December 2016 |
| Member | R Larmer |
| Representation | N Rayneau ; M Nutsford |
| Location | Auckland |
| Parties | UCS Ltd v Terrey-OCock |
| Summary | RECOVERY OF MONIES – Applicant sought to recover overpayments of wages to respondent – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –RECOVERY OF MONIES: Applicant’s interpretation of commission structure preferred. Respondent overpaid. Respondent to pay applicant $5,319 recovery of monies.COSTS: Applicant not legally represented at investigation meeting but incurred costs relating to proceedings. $3,200 adopted as notional starting point. Amount halved as two connected but discrete matters heard at same investigation meeting. Lack of legal representation at investigation meeting to halve costs again. Respondent to pay applicant $800 contribution to costs. |
| Result | Application granted ; Recovery of monies ($5,319.91) ; Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Recovery of Monies |
| Cases Cited | Terrey-O’Cock v UCS Ltd [2016] NZERA Auckland 412 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_416.pdf [pdf 219 KB] |