| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/10 |
| Hearing date | 19 Feb 2010 |
| Determination date | 30 March 2010 |
| Member | D Asher |
| Representation | L Beecroft ; T McMillan-Parata (in person), T McMillan |
| Location | Wellington |
| Parties | Elite Cabling Services Ltd v McMillan-Parata |
| Summary | BREACH OF CONTRACT – Applicant sought $10,528 damages for alleged breach of employment agreement and respondent’s failure to work out notice period – Respondent resigned from applicant - Applicant advised respondent must reimburse applicant overpaid leave – Advised liable for damage caused to vehicle and parking ticket - Respondent expressed intention not to return to workplace if not being paid – Applicant engaged contractors to undertake respondent’s duties at short notice – Applicant claimed entitled to recover overpaid leave - Authority found applicant entitled to recover $239 for anticipated annual leave – Applicant sought damages for damage caused to work vehicle and vehicle grooming – Found applicant did not actively pursue damages claim with respondent – Found in absence of agreed vehicle description, applicant did not discharge onus proving respondent responsible for damage and grooming – Applicant sought damages for unreturned work tools and misplacing telephone card – Found no evidence to support claims – Applicant sought recovery of parking ticket costs – Found respondent agreed applicant entitled to recover $40 – Applicant sought $2,100 damages for respondent’s failure to work out notice – Claimed costs incurred because needed to engage contractors – Found applicant entitled to $2,100 damages – Applicant sought $1,800 for lost profit margin between what applicant would have earned if respondent had worked and what it actually earned – Found, given speculative nature of claim and risk of “double-dipping” by applicant, $500 damages appropriate - Applicant sought $296.66 damages for failure to return calls and work vehicle – Found claim made out – Respondent ordered to pay applicant damages totalling $3,175 |
| Result | Application granted ; Damages ($3,175.83)($239.17 - Overpaid leave)($40 - Parking ticket)($2,100 - Failure to work out notice)($500 - Lost profit margin)($296.66 - Failure to return calls and return vehicle) ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s161;ERA s162 |
| Number of Pages | 8 |
| PDF File Link: | wa 55_10.pdf [pdf 27 KB] |