| Summary |
DISPUTE - Applicant sought reimbursement of travel expenses - When employment began parties agreed on entitlement for excess travel - Applicant regarded agreement as continuing term of employment - Respondent argued not entitled to allowance consequent upon membership of union and collective employment agreement (CEA") - Respondent queried payment when CEA first entered into, but continued to pay for five years as applicant adamant had special arrangement - Respondent later gave notice considered payments made in error and would pay CEA allowance only - CEA contained provision stating terms were minimum entitlement and possible to agree better terms - Respondent argued CEA negotiated to rationalise terms among employees and no additional agreement entered into to preserve applicant's entitlement - Completeness clause only related to inclusion in CEA, applicant's entitlement based on oral agreement - Alternatively, entitlement remained valid but term of CEA breached - Individual employment terms could survive operation of CEA because mutual agreement recognised irrespective of when agreement reached - Mutually agreed individual terms remained operative, binding and effective until revoked by mutual consent - Travel allowance mutually agreed at start of employment and legitimate term of applicant's employment - Not extinguished by any CEA and entitled to enforce it - Respondent had opportunity to determine legitimacy of entitlement when first queried payment with applicant - Instead, affirmed entitlement and waived right to dispute it - All of applicant's claims approved and each approval separate and independent affirmation of entitlement - Respondent had offered applicant one off payment in exchange for making further claims in accordance with CEA - Offer made in recognition of legitimate and continuing contractual entitlement - Contrary to equity and good conscience to deny applicant entitlement - Respondent required to pay applicant in accordance with entitlement - Phlebotomy technician" |