| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 103/07 |
| Hearing date | 13 Jun 2007 |
| Determination date | 22 August 2007 |
| Member | J Crichton |
| Representation | G Jones ; R Stocker |
| Location | Christchurch |
| Parties | Drayton Transport Ltd v Stocker |
| Summary | RECOVERY OF MONIES – Applicant claimed respondent breached employment agreement (“EA”) causing it financial loss – Applicant claimed warned respondent not to overload company vehicles – Respondent claimed no warning given – Applicant’s evidence preferred – Police issued respondent infringement notice for driving company vehicle in overloaded condition – Applicant paid fine but sought recovery of fines and costs associated with notice from respondent – Respondent resistant to mediation and Authority concluded referral pointless – BREACH OF CONTRACT – No documentary evidence to support conclusion about EA – Alleged did not knowingly overload vehicle – Applicant claimed vehicle grossly overloaded – Claimed police required vehicle to be immediately discharged of load as carrying twice normal capacity – Authority found inconceivable applicant did not know vehicle grossly overloaded – Applicant also informed by owner of cargo that respondent regularly overloading vehicle – Applicant’s evidence preferred that loading weights computerised and any responsible driver would check weights before load completed – Subsequent inquiry disclosed vehicle damaged by overloading – More than likely respondent knowingly overloaded vehicle in breach of term or implied term of EA – Authority satisfied applicant suffered loss for costs and penalties associated with infringement notice – Found respondent told applicant that breached EA because didn’t think would get caught – Respondent ordered to reimburse fines and costs for breaching EA - Application granted |
| Result | Application granted ; Monies owed ($4,940.00) (Breach of contract) |
| Main Category | Recovery of Monies |
| Number of Pages | 5 |
| PDF File Link: | ca 103_07.pdf [pdf 21 KB] |