Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 187/04
Hearing date 27 May 2004
Determination date 28 May 2004
Member M Urlich
Representation C Patterson ; F Latu (In person)
Location Auckland
Parties Flight Center t/a Infinity Holidays v Latu
Summary RECOVERY OF MONIES - Applicant sought reimbursement of monies - Respondent resigned after being absent for a few days - Respondent had issued tickets without receiving payment - Respondent accepted monies owed but had not paid applicant despite repeated promises - Ordered to pay $7,581 to applicant - Respondent to pay $2,000 immediately and the rest within 14 days of determination - Overpayment of salary owing to applicant - Respondent ordered to return applicant's property in her possession - BREACH OF CONTRACT - Applicant sought damages for failure to provide notice of resignation - Evidence of loss insufficient to support claim of damages - PENALTY - Situation did not warrant penalty - Breaches appeared to have occurred in most unfortunate circumstances - Interest 7.97 percent - Authority investigation scheduled despite no mediation (due to respondent's ill health) because respondent agreed to repay monies immediately - Short haul consultant
Result Other monies ($7,580.64)(Tickets issued without receiving payment) ; ($310.13)(Overpayment of wages) ; Interest (7.97 percent) ; Orders accordingly ; Costs reserved
Number of Pages 3
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