| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 285/07 |
| Hearing date | 12 Sep 2007 |
| Determination date | 14 September 2007 |
| Member | R Arthur |
| Representation | B Bundy ; no appearance |
| Location | Auckland |
| Parties | Mighty River Power Ltd v Paio |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of money mistakenly paid to respondent as wages – Respondent offered and accepted position but never started work – Person intending to work - No appearance for respondent – Applicant’s evidence accepted – Applicant contacted respondent once discovered mistake and she agreed to repay money – However, applicant had not received money or heard from her again – Matter did not fall within Wages Protection Act 1983 as no ongoing employment or wages from which to make deductions – Fell within jurisdiction of s161(r) Employment Relations Act 2000 – Respondent did not do any work for applicant and not entitled to wages – Applicant entitled to order requiring respondent to repay money – Respondent warned of consequences if failed to comply with order |
| Result | Application granted ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Recovery of Monies |
| Statutes | Contractual Remedies Act 1979 s8(3)(b);Contractual Remedies Act 1979 s9;ERA s141;ERA s157(1);ERA s161(1)(r);ERA s162;Judicature Act 1908 s94A;Wages Protection Act 1983 |
| Cases Cited | National Bank of New Zealand Ltd v Waitaki International Processing (NI) Ltd [1999] 2 NZLR 211 (CA) |
| Number of Pages | 6 |
| PDF File Link: | aa 285_07.pdf [pdf 24 KB] |