| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 274 |
| Hearing date | 31 May & 1 June 2016 |
| Determination date | 12 August 2016 |
| Member | Tania Tetitaha |
| Representation | T Clarke, E Coates; D Jacobson |
| Location | Tauranga |
| Parties | Horizon Services Ltd t/a Electriserv (Formerly t/a Stewart Browne Electrical) v Murfitt |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (“EA”) – PENALTY - Applicant sought penalties for respondent’s breach of EA – Operations Manager |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: Undertaking written variation to EA. Undertaking allowed respondent to work for third party (“BV”) and employ anyone not employed by applicant on date stated in undertaking. Respondent not required to inform applicant about approach by BV before termination of employment as approach alone not harmful to applicant. Respondent did not fail to advise applicant of BV’s concerns or properly address them. Respondent did not enter into agreement with BV while still employed by applicant. No breach of contract.;PENALTY: No breach of EA. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4(1)(b);ERA s4(1A)(b);HCR R5.74 |
| Cases Cited | Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507 (CA);EIL Brigade Road Ltd v Brown HC Christchurch CIV-2001-409-733, 5 August 2004;Harris v TSNZ Pulp and Paper Maintenance Ltd [2015] NZEmpC 43;Space Industries (1979) Ltd v McKavanagh [2000] 1 ERNZ 490 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Auckland_274.pdf [pdf 230 KB] |