A man who told Whangarei District Council from Northern Ireland that he wasn't returning to his job has been ordered to repay the council $12,000 in relocation expenses.
However, Employment Relations Authority member Yvonne Oldfield knocked back the council claim for $459 in car hire and $4025 in accommodation expenses.
Ms Oldfield said there was no dispute that the council met certain costs incurred by John David Jenkins and his family when he moved from Northern Ireland to take up a job in June 2008.
There was also no dispute he left without giving notice in February 2009 and returned to live in Northern Ireland, informing the council by email he was not coming back.
The council argued that under the terms of his employment agreement, it was entitled to the repayment of $12,000 relocation expenses it paid Mr Jenkins.
It also claimed car hire and motel expenses, but allowed for the fact that holiday pay of $1265.36 was owed to Mr Jenkins, and sought payment of a total of $15,218.64.
But Mr Jenkins submitted the car and motel expenses were not part of the relocation expenses.
He had not asked for them and he should not have to pay for them. In respect of the car, he said he had been offered a company car full-time, and as it was five weeks before it became available he was at a loss to understand why he was being held liable for the car hire.
Ms Oldfield agreed with him and said she was not persuaded he could be made to repay the car hire or accommodation costs.
But she did order him to pay the council a total of $10,733.64 in reimbursement of relocation expenses.
Mr Jenkins had submitted he was unable to reimburse anything to the council at present, and suggested payment by instalments.
Ms Oldfield said she would leave it to the council and Mr Jenkins to work out the best way payment could be made.
NZPA