Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 100/05
Hearing date 16 Jun 2005
Determination date 21 July 2005
Member J Crichton
Representation N Quinn (in person) R Cuthbertson (in person)
Location Christchurch
Parties Quinn v Cuthbertson
Summary BREACH OF CONTRACT - Application for recovery of training costs - Employment agreement not signed - Employment agreement had reimbursement policy under which employee would be required to reimburse employer all costs associated with training if employee left within two year period - Costs stated to amount to $5,000 over two year period - Respondent left applicant's employment after eight weeks - Respondent sought $2,750 from applicant - No binding agreement between parties - No real meeting of minds - Respondent regarded herself as still negotiating employment agreement and deliberately did not sign it - Documentation plainly incomplete - No amount had been recorded to evidence employee's liability - Difficult to see how employer could recover against an employee when first occasion employee had to establish amount of liability was when they received letter from employer asking for cheque - No contractual footing on which applicant could enforce reimbursement of training costs
Result Application dismissed ; No order for costs
Number of Pages 5
PDF File Link: ca 100_05.pdf [pdf 32 KB]