| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 167 |
| Hearing date | 24 May 2017- 25 May 2017 (2 days) |
| Determination date | 29 September 2017 |
| Member | P van Keulen |
| Representation | P Tranter ; P McRae |
| Location | Nelson |
| Parties | Gauk Media Ltd v Moody |
| Summary | RECOVERY OF MONIES – Applicant sought to recover overpaid holiday pay – JURISDICTION – Whether Authority can consider applicant’s claim – Website Builder |
| Abstract | AUTHORITY FOUND –;RECOVERY OF MONIES: Respondent did not pay applicant more holiday pay than entitled. No recovery of monies. JURISDICTION: Authority has jurisdiction to determine matters relating to Employment Agreement (“EA”). Confidentiality clause in EA created legal obligation on respondent to not use confidential information. Respondent failed to prove website builder was confidential and unique. No evidential basis to support respondent’s claim of breach of confidentiality. No jurisdiction to enforce intellectual property obligation in EA or at common law. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s161;ERA s174C(3)(b);ERA s174C(4) |
| Cases Cited | Ecostore Company Ltd v Worth [2017] NZHC 1480;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Christchurch_167.pdf [pdf 188 KB] |