Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 97/10
Hearing date 3 Mar 2010
Determination date 03 March 2010
Member Y S Oldfield
Representation S Stephens, M Gould ; no appearance
Location Auckland
Parties Plumbcraft Ltd v Hill
Summary BREACH OF CONTRACT – No appearance for respondent – Parties entered employment agreement with intention respondent would complete drain laying apprenticeship with applicant over four years – Applicant sought to recover $2,000 for training fees, $354 for tools, and $130 for recovering impounded truck as applicant caught driving with no licence – Respondent agreed to repay half course fee but would be waived if respondent worked for applicant for one year following completion of course – Respondent failed to complete course or repay fee – Authority found respondent obliged to repay full course fee – Applicant claimed purchased tools on behalf of respondent – Found respondent obliged to pay for tools or return them – Found respondent did neither – Respondent supplied applicant with copy of driver’s licence – Applicant subsequently discovered respondent had lost licence when caught driving truck without licence – Respondent resigned immediately following incident – Applicant incurred fee in recovering truck after being impounded – Found applicant incurred unnecessary expense as direct result of respondent’s misconduct – Respondent to reimburse applicant
Result Application granted ; Damages ($2,484.53) ; No order for costs
Main Category Breach of Contract
Number of Pages 4
PDF File Link: aa 97_10.pdf [pdf 19 KB]