| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/03 |
| Hearing date | 9 Jul 2003 |
| Determination date | 29 October 2003 |
| Member | K J Anderson |
| Representation | J Atkinson ; R Hargreaves |
| Location | Auckland |
| Parties | Hunter v Sorensen Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged applicant breached terms of employment agreement - Applicant did not mention previous employment - Previous employment ended with confidential settlement - Previous employer client of respondent - Respondent alleged lost business with applicant's previous employer because of applicant - Whether breached term of agreement by failure to disclose material information about past employment and diverting work away from company to applicant's benefit - Applicant actively misstated true position about employment record - Representation not true and correct as required by agreement - Breach of obligation - Discovered applicant had undertaken additional work - Breach of agreement by having interest in business involving conflict of interest - Applicant obliged to tell respondent about business respondent able to take advantage of - Several serious breaches of agreement - Termination of employment option reasonably available - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;Skywards Catering Ltd v Apthorp-Hall [1995] 2 ERNZ 218;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |