| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 193/10 |
| Determination date | 30 November 2010 |
| Member | G J Wood |
| Representation | G Pearson ; S France |
| Location | Wellington |
| Parties | Kapiti Coast Diesel Services Ltd v Goodwin |
| Summary | RECOVERY OF MONIES - Applicant claimed respondent responsible for unauthorised transfer of $443,271 from its funds - Respondent accepted applicant’s claims and evidence - Respondent charged with criminal offences as result of actions - Respondent was sister of one of respondent’s owners - Respondent employed to help run applicant, particularly to manage accounts - Respondent had power to sign cheques without second signature and make electronic fund transfers - Authority accepted figure provided by applicant’s bank as to potentially improperly transferred funds - Found applicant entitled to recover monies - Found respondent improperly transferred funds between 2003 and 2010 - Found s142 Employment Relations Act 2000 limited applicant’s claim to no more than six years after date on which cause of action arose - Therefore Authority had no jurisdiction to deal with unauthorised transfers occurring before date in 2004 - Respondent ordered to repay all sums improperly transferred after that date, totalling $418,165 - Interest awarded - PENALTY - Applicant sought penalty for breach of statutory duty of good faith - Authority found respondent had improperly transferred large sums of money over extremely long period of time to accounts controlled by her - Found respondent’s actions deliberate, serious, and sustained breach of duties of fidelity and good faith owed to employer - Found was rare case whereby all penalty ought to be paid to applicant - Found matter of such seriousness that maximum penalty available warranted - Respondent to pay applicant $5,000 penalty |
| Result | Application granted ; Recovery of monies ($418,165.35) ; Interest ($60,634.12) ; Penalty ($5,000)(Payable to applicant) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | ERA s142 |
| Number of Pages | 4 |
| PDF File Link: | wa 193_10.pdf [pdf 18 KB] |