| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 429/05 |
| Hearing date | 17 Aug 2005 - 20 Sep 2005 (2 days) |
| Determination date | 28 October 2005 |
| Member | R A Monaghan |
| Representation | G Stone ; T Pome'e |
| Location | Auckland |
| Parties | Pacific Information Advocacy & Support Services Trust v Pome'e |
| Summary | RECOVERY OF MONIES - Applicant sought return of substantial sum of money from former employee - Also sought return of certain property owned by the applicant - Applicant had transferred $50,000 into his wife's bank account - Alleged monies were reimbursement of home office expenses - At investigation meeting alleged he and his wife had not taken full salary payments to which they were entitled to - Though applicant had agreed respondent could work at home, no agreement to claim reimbursement of expenses - Total paid in salary to respondent and wife was greater than their contractual entitlement - If anything, loss suffered by applicant was greater than that claimed - Respondent to remedy loss by returning $50,000 - Second transfer of $27,000 allegedly to cover payments for time off in lieu of overtime and outstanding annual leave - Respondent alleged he took initiative" to pay amounts - If respondent had any concerns should have raised them with applicant - Annual leave entitlement amounted to $9,487 - Not entitled to payment in respect of time off in lieu - Respondent to remedy loss regarding second transfer by paying $17,870 - Return of property including financial records sought - Respondent denied having possession of items - Authority did not believe could do more than place on record items which were missing and unaccounted for - No order made in respect of those items - General manager" |
| Result | Recovery of monies ($67,870.70) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 429_05.pdf [pdf 36 KB] |