| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 367 |
| Hearing date | 29 Jul 2011 |
| Determination date | 22 August 2011 |
| Member | K J Anderson |
| Representation | C Kelly ; G Steele |
| Location | Hamilton |
| Parties | Smiley Farms Ltd v Wayne Maynard |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of $5,250 fees for training course respondent did not complete – Applicant claimed when respondent commenced employment gave oral undertaking if applicant paid course fees and respondent left employment within two years would refund fees – Respondent’s wife also employed by applicant but resigned after disagreement with applicant’s director - Respondent accepted fees were discussed but denied gave undertaking would repay fees – Respondent did not complete course as resigned after wife resigned – Authority found no contractual arrangement between parties – Found after wife resigned parties discussed respondent continuing employment under new employment agreement – No new agreement completed but parties did not discuss course fees or refer to in proposed agreement – Found respondent only offered new employment on fixed term and therefore not able to complete initial two year employment condition – Found no evidence of contractual agreement capable of being complied with or enforced – Application dismissed - Farm Worker |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Recovery of Monies |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_367.pdf [pdf 14 KB] |