| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 242 |
| Hearing date | 31 May 2011 |
| Determination date | 08 June 2011 |
| Member | A Dumbleton |
| Representation | S Cook, L Holden ; A Fletcher (in person) |
| Location | Auckland |
| Parties | Air National Corporate Ltd v Fletcher |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with terms of employment agreement (“EA”) – EA obliged respondent to repay part of bond to cover expense of training – Applicant able to deduct amount of outstanding bond from final pay but $15,593 balance left – Applicant accepted owed respondent allowances and amount deducted from bond leaving $14,645 owed – Respondent claimed intended to work for applicant for bond period but applicant breached or threatened to breach safety rules and regulations – Respondent claimed through applicant’s actions applicant made it unreasonable for respondent to continue working in unsafe workplace and becoming party to breach – Authority found respondent experienced number of problems from beginning of employment but did not resign – Found respondent continued to fly plane despite problems with autopilot equipment – Applicant claimed problems corrected – Respondent claimed resigned because believed planned training in breach of safety requirements – Found respondent concerned with timing of training and not content because prevented respondent from attending course – Found no nexus between resignation and respondent’s safety concerns – Found respondent chose to resign – Found respondent legally obliged to repay outstanding bond amount – Found $14,645 correct amount owing – Compliance ordered – Interest payable – COSTS – One day investigation meeting – Applicant sought $3,000 contribution to costs – Found sum sought considerably less than actual costs incurred by applicant - $3,000 contribution to costs reasonable – Pilot |
| Result | Compliance ordered ; Interest (8.4%) ; Costs in favour of applicant ($3,000) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA Second Schedule cl11 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_242.pdf [pdf 30 KB] |