Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 126/04
Hearing date 30 Sep 2004
Determination date 22 October 2004
Member P Cheyne
Representation L Andersen ; MJ Thomas
Location Christchurch
Parties Rutten v Cooper
Summary BREACH OF CONTRACT - DAMAGES - Applicant sought damages against respondent for loss of calving records - Alleged respondent destroyed or took records - Respondent's parents had also worked for applicant and were responsible for records - Respondent stayed on in farm house for two weeks after parents left - Respondent also employee of applicant - Not satisfied breach by respondent of express or implied obligations owed to applicant - Claim for damages failed - COUNTERCLAIM - Arrears of wages - Cleaned out sheds - $750 due and owing for shed cleaning - Deduction from wages made for cleaning house after respondent vacated it - Unlawful deduction - $380 due and owing
Result Application dismissed (damages) ; Application granted (Counterclaim) ; Arrears of wages ($750)(Shed cleaning) ; ($380)(Unlawful deduction) ; Costs reserved
Statutes Wages Protection Act 1983 s4
Cases Cited Walden v Barrance [1996] 2 ERNZ 598
Number of Pages 5
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