| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 237 |
| Hearing date | 22 Mar 2011 |
| Determination date | 03 June 2011 |
| Member | V Campbell |
| Representation | K Bunker ; K Lethbridge |
| Location | Auckland |
| Parties | Simons v Board of Trustees of Rotorua Girls High School |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Applicant accepted voluntary redundancy and opted to retrain instead of receiving long service payment as result of redundancy – Respondent’s payroll service paid applicant lump sum in error – Applicant advised payroll of error but nothing could be done to remedy situation as could not restart applicant on payroll until later date – Applicant received salary advances from respondent until applicant restarted on payroll – Found when payroll actioned applicant’s salary payments, also paid for period that applicant had received salary advances from respondent for – Applicant raised personal grievance and parties reached settlement at mediation – Respondent sought repayment of monies advanced to applicant – Applicant claimed respondent could not require applicant to repay overpayment of salary because settlement agreement in full and final settlement of all matters – Respondent offered to offset amount owed by applicant against amount to be paid under settlement agreement – Applicant did not agree to any offset – Authority found second salary advance paid four days after mediation – Found at time of mediation applicant had not failed to refund advances and not contemplated by parties applicant would not do so – Found at time settlement agreement signed issue had arisen about applicant’s refusal to repay overpayment of salary – Applicant claimed under no obligation to repay money as not included in settlement agreement – Respondent claimed applicant did not act in good faith in failing to repay salary advances and applicant signed settlement agreement knowing respondent still intended money be repaid – Found settlement agreement encompassed all matters relating to employment relationship – Found overpayment debt owed by applicant to respondent – Found salary advance not contemplated by either party when majority of terms agreed in mediation – Found second advance not made by date of mediation – Found applicant jumped on opportunity to avoid debt – Found respondent aware of issue and failed to have matter adequately addressed in settlement agreement – Found respondent failed to comply with terms of settlement – Compliance ordered – Found no counterclaim by respondent in relation to outstanding debt – Found Authority unable to make any orders for repayment |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | Privacy Act 1993 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_237.pdf [pdf 24 KB] |