| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 45/03 |
| Hearing date | 15 Nov 2002 - 27 Nov 2002 (2 days) |
| Determination date | 24 February 2003 |
| Member | R A Monaghan |
| Representation | B Harris ; K Nicolson |
| Location | Auckland |
| Parties | Reed Recruitment Ltd v Varadi |
| Summary | BREACH OF CONTRACT - Duty of fidelity - Applicant instructed employee to download client files and email to her at home - Investigation into reason for emailing files to applicant's home - Later resigned and began working for competitor - Alleged to have taken confidential client lists on termination of employment - No evidence of breach of duty of fidelity - Adequate explanation for use of files - No evidence of having taken client lists - Confusion created by person with same name as applicant working for competitor before applicant resigned - UNJUSTIFIED DISMISSAL - Counter claim - Constructive dismissal - Personality conflict with new co-worker - Applicant and co-worker both in managerial positions - Resigned after allegations of breach of confidentiality - Felt attacked by allegations - No breach of contract in regard to workplace conflict - No unjustified dismissal - ARREARS OF WAGES - Unpaid commission payments due and owing - Manager |
| Result | Application dismissed (Breach of contract and unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($6,236.66)(Commission) ; (Quantum to be determined by parties)(Commission for last month of employment) ; Costs reserved |
| Number of Pages | 13 |
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