| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 122/06 |
| Hearing date | 16 Sep 2005 |
| Determination date | 11 April 2006 |
| Member | J Scott |
| Representation | T Waikato ; M Beech |
| Location | Auckland |
| Parties | Peary v ME & SE Transport Ltd |
| Summary | BREACH OF CONTRACT – Other monies - Previous determination reserved consideration of respondent’s counterclaims for later time if necessary – Counterclaim now considered – Respondent sought recovery of cost of items charged by applicant for personal use to respondent’s accounts with suppliers – Substantive determination found applicant not entitled to weekly tax-free allowance – No right to charge sums to respondent’s accounts in reliance on allowance – Repayment ordered – COSTS – Successful personal grievance and technical success in claim for arrears of holiday pay – Numerous other claims unsuccessful – Length of investigation meeting not specified – Respondent sought contribution of $6,000 to total costs of $16,940.73 and disbursements of $193.61 – Modest remedies awarded for personal grievance did not support level of harm claimed by applicant – Arrears claim essentially unmeritorious despite resulting in slight adjustment in applicant’s favour – Valid Calderbank offers reasonable and realistic – Applicant recovered less in Authority than amounts offered – Respondent’s costs reasonably incurred given large number of claims - Modest costs award in favour of respondent appropriate |
| Result | Application granted ; Other monies ($988.31)(Reimbursement of charges improperly occurred) ; Costs in favour of respondent ($1,000) |
| Cases Cited | Giddens v Kini unreported, L Robinson, 15 February 2006, AA 39/06;PBO Ltd v Da Cruz unreported, Colgan CJ, Travis, Shaw JJ, 9 December 2005, AC 2A/05 |
| Number of Pages | 5 |
| PDF File Link: | aa 122_06.pdf [pdf 25 KB] |