Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 90/09
Hearing date 25 Sep 2009
Determination date 26 March 2009
Member M Urlich
Representation R Harrison ; J Nathan
Location Auckland
Parties Raukura Hauora O Tainui Trust v Nathan
Summary RECOVERY OF MONIES – Applicant sought recovery of funds allegedly misappropriated by respondent – Respondent claimed employment duties excluded banking and therefore no misappropriation – Authority found insufficient evidence to prove misappropriation of funds – No clear evidence who was responsible for banking, no evidence to establish actual amount allegedly misappropriated, no reconciliation sheets, no invoices or receipts tracing misappropriated funds – No order made - COUNTERCLAIM – Unjustified dismissal – Respondent claimed personal grievance raised within 90 days – Authority found on balance of probabilities, grievance letter not sent before expiry of 90 days therefore respondent time-barred from pursuing claim – Co-ordinator
Result Applications dismissed ; Costs reserved
Main Category Recovery of Monies
Number of Pages 5
PDF File Link: aa 90_09.pdf [pdf 28 KB]