| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/05 |
| Hearing date | 13 Apr 2005 |
| Determination date | 22 April 2005 |
| Member | J Crichton |
| Representation | T Sheridan (in person) ; A Maxwell (in person) |
| Location | Christchurch |
| Parties | Sheridan and Anor v Maxwell and Anor |
| Other Parties | Sheridan, Maxwell |
| Summary | RECOVERY OF MONEY - Recovery of overpayment - No written employment agreement - Applicants forgot to cancel automatic payment causing an inadvertent overpayment to respondents - Applicants erred in accounting treatment of respondent's accommodation which caused respondents serious inconvenience - Correction made by applying 52 weeks' rental to one pay period which created large tax bill - Respondents should have had warning and been consulted about error and correction - Legally possible for applicants to recover overpayment - However given rental error unjust and unfair to require respondents to return all overpayment - Appropriate to order return of half of overpayment - Dairy farmers |
| Result | Application granted ; Recovery of monies ordered ($1,060.39) ; Costs to lie where they fall |
| Statutes | Wages Protection Act 1983 s6 |
| Number of Pages | 5 |
| PDF File Link: | ca 55_05.pdf [pdf 26 KB] |