| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 166/09 |
| Hearing date | 22 Sep 2009 |
| Determination date | 02 October 2009 |
| Member | P Montgomery |
| Representation | D Bradley ; G Froude |
| Location | Dunedin |
| Parties | Bradley v Aden Electrical Ltd |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of cost of personal trade tools stolen from company van while parked overnight at respondent’s premises – Respondent declined to meet claim as employment agreement (“EA”) required staff to secure work vehicle overnight at home premises – Respondent also argued not possible for respondent to insure equipment not belonging to it under its insurance policy – Applicant could not claim cost through own home and contents insurance policy as trade tools only covered if stolen from policy holder’s home - Authority found EA clear that work vehicle to be stored in safe place at employee’s own residence - Found vehicle holding applicant’s tools was not at applicant’s place of residence when broken into – Found applicant took responsible action in genuine belief company van and equipment securely locked in respondent’s yard with security cameras – Found tools not covered under either party’s insurance policies – Found respondent rejected liability for loss on basis of EA and as legally unable to insure goods it did not own – Authority dismissed claim for recovery |
| Result | Application dismissed ; Costs reserved |
| Main Category | Recovery of Monies |
| Number of Pages | 3 |
| PDF File Link: | ca 166_09.pdf [pdf 13 KB] |