| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 281 |
| Hearing date | 22 Apr 2015 to 23 Apr 2015 and 11 Jun 2015 (3 days) |
| Determination date | 17 September 2015 |
| Member | J Crichton |
| Representation | C Patterson ; P van Keulen |
| Location | Auckland |
| Parties | Furlong v Internatinoal Cargo Express 2013 Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant sought payment of bonus - RESTRAINT OF TRADE – Applicant sought declaration that restraint of trade unenforceable – General manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant failed to make transfer of funds on request. Applicant disobeyed reasonable and lawful instruction. Available to fair and reasonable employer to conclude that applicant guilty of serious misconduct. Dismissal justified.BREACH OF CONTRACT: Parties did not agree on way to calculate bonus entitlement. All elements for bonus not agreed. No bonus payment due to applicant. No breach of contract.RESTRAINT OF TRADE: Respondent had legitimate proprietary interest to protect. Restraint not wider than necessary. Length of restraint not unreasonable in all circumstances. Restraint of trade enforceable. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand Ltd v Kerr [2013] NZEmpC 153, [2013] ERNZ 581 ; Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466 ; Bosher v Wellington Combined Taxis Ltd [2013] NZERA Wellington 139 ; Hally Labels Ltd v Powell [2011] NZEmpC 43, (2011) 8 NZELR 532 ; Ogilvy & Mather (New Zealand) Ltd v Turner [1996] 1 NZLR 641 (CA) ; Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917 (EmpC) |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Auckland_281.pdf [pdf 206 KB] |