| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 370/10 |
| Hearing date | 28 Jun 2010 |
| Determination date | 19 August 2010 |
| Member | Y S Oldfield |
| Representation | A Golightly ; no appearance |
| Location | Auckland |
| Parties | Whangarei Distrcit Council v Jenkins |
| Summary | RECOVERY OF MONIES – No appearance for respondent – Applicant sought recovery of $15,218 pursuant to employment agreement (“EA”) – EA provided relocation expenses must be reimbursed if employee ceased employment within two years of date of commencement – Applicant paid for respondent’s relocation expenses plus car hire and accommodation – Respondent resigned from employment without giving notice in breach of EA – Respondent accepted obligation to reimburse relocation expenses – Respondent argued not obligated to reimburse for car hire as provision of car part of EA – Argued not obligated to reimburse for accommodation expenses as never requested motel – Argued in any event, car hire and accommodation part of relocation expenses and not additional - Authority ordered respondent to reimburse applicant $12,000 less holiday pay owing – Found EA provided relocation expense be made in “one-off payment of $12,000” – Found applicant could not rely on EA to claim expenses outside of “one-off payment” - Found no basis to treat provision of rental car differently from provision of company car covered by EA – Found jurisdiction to award damages for breach of EA as no notice of resignation provided – Found however, car hire and accommodation expenses did not flow from breach – Found respondent had no possible obligation to reimburse applicant for car and accommodation expenses – Authority left payment by instalments to be discussed between parties |
| Result | Application granted (Recovery of monies – Relocation expenses) ; Application dismissed (Recovery of monies – Car and accommodation expenses) ; Recovery of monies ($10,733.64)(Relocation expenses) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA s162;ERA Second Schedule cl4A |
| Number of Pages | 8 |
| PDF File Link: | aa 370_10.pdf [pdf 23 KB] |