| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 77/05 |
| Hearing date | 10 May 2005 |
| Determination date | 16 May 2005 |
| Member | D Asher |
| Representation | B Malcolm ; no appearance |
| Location | Wellington |
| Parties | Recon Professional Services Ltd v Andrews |
| Summary | BREACH OF CONTRACT - No appearance by respondent - Applicant provided security and related services - Respondent dismissed for serious misconduct - Four damages claims against respondent - Applicant alleged ran elaborate surveillance operation after respondent told applicant he had approval from Department for Child, Youth and Family - Department never authorised operation and did not pay respondent's invoice - Cost of operation was $39,798.90 - Alleged respondent falsely told applicant he had authority from client to incur additional costs above original quote for surveillance operation - Client would not pay for additional costs and respondent sought amount of $21,948.50 - Alleged respondent owed $1,400.44 for cell phones, tyres and insurance payment - Alleged respondent's unauthorised actions caused it to incur legal costs of $6,854.75 - Authority had jurisdiction to award damages against employee for breaches of implied term of fidelity, of duty to act in good faith and contractual duty of care - Authority found in favour of applicant - Respondent breached his duty of care and caused losses as alleged - Respondent to pay applicant total damages of $70,002.59 - Operations Manager |
| Result | Application granted ; Damages (70,002.59) ; No order for costs ; Filing fee ($70) |
| Statutes | ERA s160;ERA s162;ERA s173 |
| Cases Cited | F v Attorney-General [1994] 2 ERNZ 62;Medic Corporation Ltd v Barrett [1992] 3 ERNZ 977;Morris v Interchem Agencies Ltd [2003] 1 ERNZ 93 |
| Number of Pages | 6 |
| PDF File Link: | wa 77_05.pdf [pdf 24 KB] |