| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193A/03 |
| Determination date | 21 November 2003 |
| Member | D King |
| Representation | K Peterson ; L Brook |
| Location | Auckland |
| Parties | Leybourne v Eftpos Specialists (Auckland) Ltd |
| Summary | BREACH OF CONTRACT - Further determination regarding counterclaim - Parties unable to mediate resolution to counterclaim - Contrary to employment agreement applicant had other business interests - Applicant used respondent's premises and facilities for own business interests - Breach of express term of contract and breach of duty of good faith - Respondent sought damages of $90,000 for breach of contract mainly for loss of profit and trading loss - Amount sought unreasonable - Reasonable damages appropriate - Other monies awarded for items used during employment |
| Result | Application granted ; Damages ($10,000) ; Other monies ($300)(Compensation for paying inflated value for computer) ; ($360)(Cellphone used for own use) ; ($782)(Computer used for own use) ; ($1,350)(Vehicle used for own use) ; $1,500)(Reimbursement of part of another employee's salary who did work for applicant's own use) ; Reimbursement of 25% of applicant's salary ; ($80)(Water cooler) ; ($194.56)(Advertising for own use) ; ($276.62)(Airline ticket for own use) ; ($194.37)(Cost of hiring part time employer to sort out applicant's documents) ; Costs reserved |
| Cases Cited | Medic Corporation Ltd v Barrett [1992] 3 ERNZ 977;The Heron II [1969] 1 AC 350 |
| Number of Pages | 3 |
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