| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 15 |
| Hearing date | 3, 4 and 5 Aug 2016 (3 days) |
| Determination date | 06 March 2017 |
| Member | M Ryan |
| Representation | B Buckett ; JM Trotman |
| Location | Wellington |
| Parties | Performance Cleaners All Property Services Wellington Ltd v Chinan |
| Summary | BREACH OF CONTRACT - Applicant sought damages for loss as result of various breaches of employment agreement and duties of good faith and fidelity |
| Abstract | AUTHORITY FOUND -;BREACH OF CONTRACT: Agreement to contract out of Property (Relationships) Act 2001 (“COA”) between respondent and director of applicant matter within Authority’s jurisdiction to extent it relevant to terms of employment. COA determined how remuneration would be decided. Changes to respondent’s remuneration did not require written agreement. Director aware of respondent’s salary increases and agreed to them. Respondent did not overpay herself. Respondent she cashed up annual leave from time to time with director’s consent. Director agreed to employ respondent’s mother for household duties. Respondent incurred business expenses for benefit of family with director’s consent. Respondent did not reimburse herself with fictitious personal expenses. Actions alleged to demonstrate ‘misappropriation’ were continuation of director and respondent’s personal arrangements which are not matters that directly and essentially concern the employment relationship. Company property allegedly held by respondent subject to settlement in Family Court. No breach of contract. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s142 ; ERA s161 ; ERA s174C(3) ; ERA s174C(4) ; ERA s174E ; Property (Relationships) Act 1976 ; Companies Act 1993 s18(1)(e) |
| Cases Cited | Barnes v Whangarei Returned Services Association (Inc) [1997] ERNZ 626 (EmpC);Chinan v Barron District Court Wellington CIV 2012-032-000419;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Wellington_15.pdf [pdf 429 KB] |