| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 318/08 |
| Hearing date | 19 Jun 2008 |
| Determination date | 04 September 2008 |
| Member | L Robinson |
| Representation | AWR Haworth (in person) ; C Morgan (in person) |
| Location | Auckland |
| Parties | Haworth t/a Travelcom v Morgan |
| Summary | BREACH OF CONTRACT - Applicant claimed respondent liable for damages for breach of contract - Respondent took no steps to defend matter but Authority granted leave to do so at investigation meeting - Applicant sent memorandum to all staff advising care to be observed in managing client files and checks to be made to ensure correct amount of all costs accounted for - Memorandum stated in event of non-observance applicant would seek compensation and recovery of all losses and non-observance would constitute breach of trust and contract - Respondent banked $2,409 less than actual cost of travel for a group - Authority found implied term of respondent's employment that would use reasonable skill and care in performance of duties - Authority found respondent acted in breach of implied term by failing to secure correct cost of travel and that respondent admitted did so - Authority noted ordinarily would not be persuaded to find employee liable to employer for mere or innocent breach of implied term - However, found memorandum together with previous incident of similar breach by respondent persuaded Authority was case of more than mere or technical breach - Authority found respondent’s breach of contract caused applicant loss and respondent ought to be liable for that loss - Respondent to pay applicant $2,409 damages for breach of contract - Costs - Authority found as neither party represented by professional advocate would be no order for costs - Travel Consultant |
| Result | Application granted ; Damages ($2,409) ; No order for costs |
| Main Category | Breach of Contract |
| Number of Pages | 3 |
| PDF File Link: | aa 318_08.pdf [pdf 16 KB] |