| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 44 |
| Hearing date | 3 Apr 2012 |
| Determination date | 17 April 2012 |
| Member | G J Wood |
| Representation | D Parbhu ; J Tannahill |
| Location | Wellington |
| Parties | CPC New Zealand Ltd v Dunlop |
| Summary | RECOVERY OF MONIES – Applicant sought $5,046 overpaid wages and $65,321 loss of profits from applicant after alleged breaches of parties’ employment agreement (“EA”) – Authority previously found applicant had been unjustifiably dismissed – Parties had written EA but applicant did not return signed copy – EA included restraint of trade clause and stated applicant would be working 40 hours each week – Applicant worked voluntarily for third party three hours each week during employment – Respondent claimed unaware of applicant’s voluntary work and applicant should repay portion of wages as respondent paid on fulltime basis – Applicant’s manager (“X”) and applicant claimed respondent authorised X to approve applicant’s voluntary work – Authority found more likely than not parties had agreement that applicant would make up hours on Saturdays – Found applicant did not owe respondent overpaid wages – Found EA prevented applicant from disclosing confidential information when began working for respondent’s competitor (“Y”) – Found more likely than not applicant did not disclose confidential information to Y and applicant did not commence employment with Y until several months after employment with respondent ended – Found respondent’s claim for loss of profits speculative – Application dismissed - Salesperson |
| Result | Application dismissed ; Costs reserved |
| Main Category | Recovery of Monies |
| Cases Cited | Peninsula Real Estate Ltd v Harris [1992] 2 NZLR 2160;Predict (New Zealand) Ltd v Morgan (No 3) [1993] 2 ERNZ 1034 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_44.pdf [pdf 23 KB] |