Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 195/10
Determination date 28 April 2010
Member M Urlich
Representation S Harris-Scoble ; D Plasmeyer (in person)
Location Auckland
Parties ABC Developmental Learning Centres (NZ) Ltd v Plasmeyer
Summary RECOVERY OF MONIES – Applicant sought recovery of $6,843 pursuant to Return to Service Agreement – Respondent argued agreement void as applicant commenced paying for practicum costs changing terms of employment agreement (“EA”) – Service agreement provided respondent received usual wages while on practicum exchange in return for respondent to provide two years service after training completed – Provided applicant would pay all practicum costs if two years service not met – Agreement part of EA – Authority found EA not changed and no evidence applicant commenced paying practicum costs without return to service agreement – Found respondent not liable to pay entire sum as applicant had benefit of respondent’s enhanced skills for one year – Respondent ordered to reimburse applicant $3,421 – Orders made
Result Application granted ; Recovery of monies ($3,421.99) ; Costs reserved
Main Category Recovery of Monies
Statutes ERA s137
Number of Pages 3
PDF File Link: aa 195_10.pdf [pdf 15 KB]