Travel Time and Mileage Compensation Claim Rejected by Civil Resolution Tribunal
📌 In brief
A worker claimed he was owed travel time and mileage compensation from his employer. However, the Tribunal found that the worker did not provide enough proof that his employment agreement included these payments for regular work trips.
⚖️ Legal holding
An employer must pay travel time and mileage to an employee if such payment is stipulated in their employment agreement.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tribunal found the employer paid travel time and mileage to the employee in 2023.
- The tribunal determined the employee did not provide sufficient evidence to prove he was owed additional payment for mileage or travel time.
❌ Tends to be rejected
- The employee argued he was owed travel time and mileage for in-town projects, but the tribunal found insufficient proof.
- The employee provided a travel and mileage record but could not reconcile the total kilometers or hours to the amount claimed or paid.
- The employee did not provide a calculation comparing what he was paid to what he said he should have been paid.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the employer owed the worker compensation for travel time and mileage during his employment.
How did the court decide, and why?
The court decided to dismiss the claim because the claimant did not provide sufficient evidence to prove that his employment agreement included payment for travel time and mileage.
Which laws or rules were applied?
The Civil Resolution Tribunal Act sections 118, 39, 42, and 49 were applied.
What was the argument that mattered most?
The most important argument was the claimant's failure to provide evidence showing that his employment agreement included payment for travel time and mileage.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have clear documentation of any agreements regarding travel time and mileage compensation.
What evidence or documents mattered?
The claimant's evidence and documents did not sufficiently prove the existence of an agreement for travel time and mileage compensation.