| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 11/03 |
| Hearing date | 5 Dec 2002 - 12 Dec 2002 (3 days) |
| Determination date | 10 January 2003 |
| Member | R A Monaghan |
| Representation | R McIlraith, LTurner ; C Meechan, R Arthur |
| Location | Auckland |
| Parties | Bierre v Diagnostic Medlab Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent refused to rescind resignation - Alleged failure to implement management structures - Alleged failure led to communications breakdown and severely disrupted working conditions - Whether failures raised by applicant - Applicant contributed to incompatibility - Numerous unsuccessful attempts made to satisfy applicant's concerns - Entitled to accept resignation was unequivocal - No breach of duty - No constructive dismissal - RESTRAINT OF TRADE - Application to remove restraint of trade - Alleged restraint too long, wide and vague - Restrained from competing in private business with respondent in Auckland area for 2 years - Specialised industry - Alleged restraint stopped applicant from working in specialist vocation - Clear intellectual property in clients and service suppliers - Clearly defined boundary not unreasonable in size - Applicant able to work in other areas of industry such as public sector - Duration of two years reasonable in circumstances - Application to remove restraint declined - Non-publication order - Documents pertaining to purchase of respondent prohibited from publication - Pathologist |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Blakely & Anderson v De Lambert [1959] NZLR 356;Cooney v Welsh [1993] 1 ERNZ 407;Dhanapala v Jackson [1999] 9 TCLR 67;Fletcher Aluminium Ltd v O'Sullivan [2001] ERNZ 46;Herbert Morris Ltd v Saxelby [1916] 1 AC 688;The University of Auckland Primary Health Care Trust v Sewell [2000] 1 ERNZ 781 |
| Number of Pages | 14 |
| PDF File Link: | aa 11_03.pdf [pdf 69 KB] |