An employee working as a truck
driver abandoned his employment after he failed to report to work.
The Employment Relations
Authority held that the employee had breached his individual employment
agreement and caused a direct loss to his employer. Accordingly, the employee
was held liable for those losses.
The employee’s absence from work
meant that the employer was unable to fulfil its contract with its client. This
resulted in a loss of income for the employer as well as an additional fee which
was charged by the client for having to hire another truck and driver.
The employee also breached his
contract by charging over $1,000 of fuel to his employer for his own personal
vehicle, and by spending almost $200 on unauthorised phone calls. The employee
failed to display his current road user charge label, and exceeded the total
number of occupants specified on his truck’s loading certificate. The employer
was issued an $800 fine as a result.
The ERA ordered that the employee
pay his employer over $4,000 for the loses caused by the breaches of his
employment agreement.
Alan Knowsley
Employment Lawyer Wellington
Employment Lawyer Wellington
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