| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 194/08 |
| Hearing date | 27 May 2007 |
| Determination date | 27 May 2008 |
| Member | A Dumbleton |
| Representation | A Garden ; No appearance |
| Location | Auckland |
| Parties | Mighty River Power Ltd v Palmer |
| Summary | RECOVERY OF MONIES - Applicant sought reimbursement of salary payment mistakenly made to respondent after she left employment - No appearance by respondent - Respondent stopped attending work - Monthly salary payment made during time applicant attempting to contact her - Subsequently concluded employment abandoned and sought to recover wages for time not worked - Civil action to recover money had and received could be determined on merits by Authority under s162 Employment Relations Act 2000 - Did not require remedy exercised by Authority be an action “in” contract, only that remedy “related to” contracts - Applicant entitled to recover wages mistakenly paid to respondent - Leave reserved to apply for further orders if necessary - Respondent warned of consequences of failure to comply - Customer service representative |
| Result | Application granted ; Recovery of monies ($1,276.23) ; Orders accordingly ; Disbursements ($70) |
| Main Category | Recovery of Monies |
| Statutes | ERA s137;ERA s139(6);ERA s162 |
| Cases Cited | OPC Managed Rehab Ltd v Accident Compensation Corporation [2006] 1 NZLR 778 |
| Number of Pages | 4 |
| PDF File Link: | aa 194_08.pdf [pdf 20 KB] |