| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235/08 |
| Hearing date | 24 Jun 2008 |
| Determination date | 07 July 2008 |
| Member | Y S Oldfield |
| Representation | no appearance ; C Meechan |
| Location | Auckland |
| Parties | Salant v Hospitality Services Ltd |
| Summary | RECOVERY OF MONIES – Counterclaim – No appearance by applicant – Applicant sought compliance with mediated terms of settlement agreement (“SA”) – However, before mediator signed SA respondent claimed believed representations made by respondent on which SA based false – Mediator did not sign SA – Respondent declined to make payment in SA and purported to cancel SA – Applicant denied any misrepresentation and claimed SA still enforceable – Respondent lodged counterclaim for damages arguing applicant used respondent’s data card after employment ended and charges of $22,457.79 incurred – Applicant argued respondent precluded from bringing counterclaim because full and final settlement term in SA – Authority suspended investigation of compliance order as not prepared to investigate matters on the papers – Authority to determine whether terms of SA precluded respondent from bringing counterclaim – Authority found counterclaim not related to alleged personal grievance – Respondent argued that learnt card was in use when received bill – Respondent argued immediately instructed Telecom to block card – Telecom unable to block card until ten days later – Applicant claimed respondent’s responsibility to ensure card stopped and contract cancelled with Telecom – Authority found respondent carried cost of personal use of data card after applicant’s employment ended even though not intended by applicant – Authority ordered applicant to reimburse respondent $22,457.79 – Authority made no order directing parties to mediation but noted would be in parties best interests to pursue mediation |
| Result | Application dismissed ; Counterclaim granted ; Recovery of monies ($22,457.79) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Contractual Remedies Act 1979 |
| Cases Cited | Marlow v Yorkshire New Zealand [2000] 1 ERNZ 206 |
| Number of Pages | 7 |
| PDF File Link: | aa 235_08.pdf [pdf 26 KB] |