| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 396/09 |
| Hearing date | 20 Oct 2009 |
| Determination date | 11 November 2009 |
| Member | R Arthur |
| Representation | J Gordon-Dill (Applicant in person) ; L Sisson (Respondent in person) |
| Location | Auckland |
| Parties | Gordon-Dill v Leith Sisson Travel Ltd |
| Summary | DISPUTE – Terms for reimbursement of applicant’s use of car – Applicant’s written terms of employment provided for company vehicle for business use – Car broke down and arrangements made for use of own car and reimbursed at 62 cents per kilometre – Revised employment agreement accompanied arrangement but no provision for applicant to be paid mileage for ordinary travel between home and work or IRD scale for reimbursement – Applicant previously used company vehicle for that purpose – Respondent questioned reimbursement and subsequently reduced rate and disallowed further reimbursement for travel to and from work – Applicant did not agree to change in rate – Authority found respondent not entitled to unilaterally reduce rate according to IRD scale – Found no agreement for reimbursement for travel to and from work – Found overpayment for travel to and from work should have been picked up earlier – Found applicant entitled to reimbursement for business travel in private vehicle at 62 cents per kilometre – Found respondent waived opportunity to recover overpayment because mistaken as to entitlement to reduce rate – No order for payment sought by applicant – Business development manager |
| Result | Question answered in favour of applicant ; Costs to lie where they fall |
| Main Category | Dispute |
| Number of Pages | 6 |
| PDF File Link: | aa 396_09.pdf [pdf 23 KB] |