| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 162 |
| Hearing date | 11 Oct 2011 |
| Determination date | 26 October 2011 |
| Member | G J Wood |
| Representation | D McLeod ; no appearance |
| Location | Wellington |
| Parties | Contrax Technical Services (1996) Ltd v Coburn |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement – No appearance for respondent – Applicant Managing Director (“K”) told respondent had to undergo further training – Respondent told K to shove job as had found better one – Respondent failed to give one week’s notice as required by employment agreement – Authority found applicant did not suffer any identifiable financial losses but had to rearrange staff between jobs and respondent’s leaving worsened existing staffing situation – Found respondent’s breach of employment agreement related to forfeiture rather than damages – Found applicant could not claim damages for respondent’s breach of employment agreement – PENALTY – Applicant sought token penalty for respondent’s breach of employment agreement – Found respondent blatantly breached employment agreement and gave no thought to obligations owed to applicant – $250 penalty appropriate – COSTS – Length of investigation meeting not specified – Applicant sought contribution to costs and expenses – Found costs and expenses reasonably incurred given respondent’s failure to be involved in investigative process – Applicant to pay $442 contribution to respondent’s costs |
| Result | Application granted (penalty) ; Penalty ($250)(Payable to Crown) ; Application dismissed (breach of contract) ; Costs in favour of applicant ($442.75) ; Disbursements in favour of applicant ($215.31)(filing fee and service fees) |
| Main Category | Breach of Contract |
| Statutes | ERA s133(1)(a);ERA s181;ERA s182 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_162.pdf [pdf 18 KB] |