| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 2A/09 |
| Hearing date | 20 Mar 2009 |
| Determination date | 24 March 2009 |
| Member | P Cheyne |
| Representation | J Copeland ; no appearance |
| Location | Invercargill |
| Parties | Decom Ltd v Cleaver |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached terms of individual employment agreement (“IEA”) when failed to return tools when employment ended – Respondent argued returned all tools responsible for – Authority found respondent bound by express contractual obligations to return applicant’s property at end of employment – Applicant authorised respondent to use company account to order tools – Authority found invoices showed respondent had not returned all tools purchased on company account – Authority rejected respondent’s argument some tools went in to general use for all staff – Authority found tools returned by respondent did not match description on invoices – Found respondent’s return of inferior substitutes did not satisfy contractual obligation – Found respondent breached IEA by failing to return all equipment and clothing issued during employment – Damages – Authority ordered respondent to pay applicant $2894 damages – PENALTY – Found respondent’s breaches significant as element of trust involved – Authority ordered respondent to pay $750 penalty to applicant – COSTS – Less than half day investigation meeting – Authority found circumstances entitled applicant to costs award of more than typical half day meeting – Respondent to pay applicant $2000 contribution to costs |
| Result | Application granted ; Damages ($2894.50) ; Interest (5 percent) ; Penalty ($750.00) (Payable to applicant) ; Costs in favour of applicant ($2,000) |
| Main Category | Breach of Contract |
| Number of Pages | 6 |
| PDF File Link: | ca 2a_09.pdf [pdf 26 KB] |