| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 16 |
| Determination date | 31 January 2011 |
| Member | P R Stapp |
| Representation | P McBride ; A Knowsley |
| Location | Wellington |
| Parties | Masoe v Te Roopu Awhina Ki Porirua Trust |
| Summary | ARREARS OF WAGES – Applicant sought $1,548 unpaid sick leave – Respondent claimed applicant not entitled to sick leave because all sick leave entitlement used – Authority found leave records inconsistent – Found applicant relied in good faith on original records produced – Found no record of employment agreement – Found no maximum accumulation – Found previous records indicated excess of 20 days previously accumulated – Unpaid sick leave due and owing – BREACH OF CONTRACT – REMEDIES – Applicant sought damages for costs as result of respondent’s breaches of employment agreement – Applicant assured claim separate from costs already found in applicant’s favour – Applicant claimed incurred costs because required legal assistance following unjustified dismissal – Found costs incurred by applicant to get job back should have been entirely avoided by fair and reasonable employer – Found applicant entitled to loss incurred – Found parties dealt with unjustified dismissal matter themselves which resulted in reinstatement – Found any costs associated with reinstatement difficult to recover except by damages – Found damages appropriate remedy – Respondent claimed appearance of double recovery – Found respondent did not act deliberately or wilfully – Found claim where costs overlapping dismissed – Found applicant’s loss partly attributed to choice to instruct lawyers – Found loss not sufficiently linked to employer’s breaches alone |
| Result | Application granted ; Arrears of wages ($1,548.20) ; Damages for costs ($3,656) ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | Holidays Act 2003 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_16.pdf [pdf 23 KB] |