| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 256/02 |
| Hearing date | 21 Aug 2002 |
| Determination date | 26 August 2002 |
| Member | A Dumbleton |
| Representation | J Nadan ; B Spong |
| Location | Auckland |
| Parties | Advance International Cleaning Systems (NZ) Ltd v Dalauidao |
| Summary | BREACH OF CONTRACT - Failure to give required notice - Signed employment agreement - Resigned before commencement date - Applicant sought recruitment and replacement expenses incurred - Employment agreement required one month's notice - Alleged respondent mitigated loss by offering to work until replacement found - Did not amount to mitigation - Breach of contract established - Remedies - Not entitled to recruitment costs - Costs were incurred regardless of respondent - Replacement costs equated to one month's wages - Entitled to notice - One month's wages appropriate to meet all claims |
| Result | Application granted ; Damages($2,917) ; Costs in favour of applicant ($70)(filing fee) |
| Number of Pages | 4 |
| PDF File Link: | aa 256_02.pdf [pdf 24 KB] |