| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 72 |
| Hearing date | 25 Feb 2014 |
| Determination date | 03 March 2014 |
| Member | T G Tetitaha |
| Representation | M Whitehead ; S Grice |
| Location | Tauranga |
| Parties | Kiwa and Ors v Phil's Place Ltd |
| Summary | COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought damages for applicants' breach of confidentiality clause in parties' employment agreement (EA") - Whether applicants instructed advocate to make comments about respondent to media - COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought order preventing advocate from acting for applicants given advocate's involvement in counterclaim" |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - BREACH OF CONTRACT: Dispute between parties publicly known prior to advocate commented to media. Comments did not contain specific details prohibited by EA. Advocate only acknowledged fact of dispute and facts not confidential when publicly known. Applicants did not instruct advocate to make comments. Applicant very aware of prohibition. No breach of contract.;COUNTERCLAIM - PRACTICE AND PROCEDURE: Not appropriate for same person to appear as advocate and witness. Advocate ordered to no longer continue acting for applicants. |
| Result | Application dismissed (counterclaim - breach of contract); Application granted (counterclaim - practice and procedure); Orders made; No order for costs |
| Main Category | Breach of Contract |
| Statutes | ERA s134(1) ERA s134(2) - ERA s157(1)(a) - ERA s160(1)(f) - Lawyers and Conveyances Act (Lawyers: Conduct and Client Care Rules 2008) r13.5.3 |
| Cases Cited | James & Co Ltd v Hughes [1995] 2 ERNZ 432;McDonald v Mason Services Ltd [1998] 2 ERNZ 346;Reid v New Zealand Fire Service Commission [1998] 3 ERNZ 745 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_72.pdf [pdf 231 KB] |