| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124/03 |
| Hearing date | 27 Feb 2003 - 28 Feb 2003 (2 days) |
| Determination date | 22 April 2003 |
| Member | D King |
| Representation | M Shanahan ; P Grace |
| Location | Auckland |
| Parties | Weston v Warwick Henderson Gallery Ltd |
| Summary | ARREARS OF WAGES - Alleged non-payment of wages and commission - Parties renegotiated employment agreement - Applicant sought to increase terms and commissions - Respondent in agreeing to request sought restraint of trade clause in agreement - Salary and conditions increased - Applicant failed to return agreement - Credibility - Respondent's evidence preferred - Arrears claim not established - BREACH OF CONTRACT - Counterclaim - Recovery of monies - Applicant set up competing business in breach of restraint of trade clause - Alleged agreement never formalised - Acceptance of increased salary and conditions was acceptance of agreement - Refusal to accept restraint provision amounted to rescinding of contract - Counterclaim established |
| Result | Application dismissed (Arrears of wages) ; Counterclaim granted ; Monies owed ($2,526.82) ; Costs reserved |
| Number of Pages | 6 |
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