| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74/10 |
| Hearing date | 16 Feb 2010 |
| Determination date | 25 March 2010 |
| Member | P Montgomery |
| Representation | P Shenton (in person) ; C Clifford |
| Location | Timaru |
| Parties | Shenton v Taya Simone Ltd t/a Geraldine Village Inn |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of monies unlawfully deducted from final pay – Respondent argued deduction lawful under employment agreement (“EA”) – Argued EA not subsequently varied – EA provided value of return airfare to be refunded to employer – Provided EA may be varied by written agreement signed by both parties – Applicant’s return airfare to England paid by respondent – Applicant claimed respondent later advised airfare not needed to be refunded if applicant remained respondent’s employee – Claimed later agreed to pay refund under duress - Respondent argued no such conversation took place – Argued parties agreed on applicant’s final day to refund airfare as provided under EA – Argued no duress – Respondent’s evidence preferred – Authority found EA not varied – Found no duress – Found EA terms and conditions stands – Found deduction lawful – Order declined – COSTS – Authority found $600 reasonable contribution to costs appropriate – Costs in favour of respondent - Chef |
| Result | Application dismissed ; Costs in favour of respondent ($600) |
| Main Category | Recovery of Monies |
| Number of Pages | 5 |
| PDF File Link: | ca 74_10.pdf [pdf 22 KB] |