| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 151 |
| Hearing date | 2 to 4 May 2017 (3 days) |
| Determination date | 11 September 2017 |
| Member | D Appleton |
| Representation | J Goldstein, L Ryder ; G Pitman (in person), P McRae (submissions) |
| Location | Nelson |
| Parties | Advanced Personnel Services Ltd v Pitman |
| Summary | BREACH OF CONTRACT – Applicant sought damages against respondent for breaches of Employment Agreement (“EA”) – Senior Recruitment Consultant |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: Respondent breached multiple clauses listed in EA with Advanced Personnel Services Ltd (“APS”). Respondent breached obligations of good faith and fidelity during employment. Respondent actively engaged with associate to establish A Temp Limited (“A Temp”), a competing business, without written consent of APS. Respondent’s breach of EA gave A Temp a springboard start to its existence. Respondent used contact details of for-hire workers registered with APS which were constituted as confidential information belonging to APS. Respondent took and misused client details to the detriment of APS. Respondent breached modified Restraint of Trade (“RoT”) clause and confidentiality clause. Respondent did not inform APS of a conflict with A Temp and was in breach conflict of interest clause. Respondent also in breach of the consent determination, although no loss flows from that breach. |
| Result | Application granted ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | Contract and Commercial Law Act 2017 s83;Contract and Commercial Law Act 2017 s162;Contract and Commercial Law Act 2017 s163;Contract and Commercial Law Act 2017 s164 |
| Cases Cited | Advanced Personnel Services Ltd v Pitman [2016] NZERA Christchurch 192;Advanced Personnel Services Ltd v Pitman [2017] NZERA Christchurch 112;Air New Zealand Ltd v Kerr [2013] NZEmpC 153;Cooney v Welsh [1993] 1 ERNZ 407 (CA);Fletcher Aluminium Ltd v O’Sullivan [2001] 2 NZLR 731 (CA);Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 (CA);Littlewoods Organisation Ltd v Harris [1977] 1 WLR 1472; [1978] 1 All ER 1026 121 SJ 727 (CA);Rooney Earthmoving Ltd v Mctague [2009] ERNZ 240 (EmpC);Stacks/Taree Pty Ltd v Marshall (No 2) [2010] NSWSC 77;Transpacific Industries Group (NZ) Ltd v Harris [2013] NZEmpC 97;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 [2010] 2 NZLR 444 |
| Number of Pages | 35 |
| PDF File Link: | 2017_NZERA_Christchurch_151.pdf [pdf 291 KB] |