| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 4/05 |
| Hearing date | 28 Oct 2004 - 29 Oct 2004 (2 days) |
| Determination date | 21 January 2005 |
| Member | P Cheyne |
| Representation | M Floey ; P Roberts |
| Location | Christchurch |
| Parties | Goodwin v MacLeod & Associaties (NZ) Ltd |
| Summary | ARREARS OF WAGES - Sought payment for overtime hours worked and meal allowances - Agreement provided that additional hours must be worked as requested by employer - Some additional hours worked because of choice to do non-work activities during normal work hours - Applicant not entitled to claim payment let alone overtime for such work outside normal hours - No approval from respondent for overtime work - Overtime claim failed - Claim for unpaid meal allowance - Two collective agreements over relevant time - Claim succeeded for period under first collective agreement only - COUNTERCLAIM - Applicant admitted owing monies for power bill - Ordered to pay amount to respondents - Ordered to repay unauthorised purchases on petrol card - Applicant used respondent's computer to access file containing layout for business letterhead and card - Deleted and copied files off respondent's computer - Resigned and set up work doing similar work to respondent - After resigned took files and notes about jobs - Obtained work from respondent's clients - No restraint of trade or non-solicitation clause - Breach of duty of fidelity - Damages sought for copying and deleting files, and completing work for third party while should have been working out notice for respondent - Liable for loss of profit - Failure to give contractually required notice - Applicant to pay damages pursuant to agreement - All other claims and counterclaims dismissed |
| Result | Other monies (Quantum to be determined)(Meal allowance) ; Counterclaim allowed ($30.05)(Power bill) ; ($327)(Petrol) ; Damages (Quantum to be determined)(Loss of profit) ; ($2,880)(Failure to give notice) ; Costs reserved |
| Cases Cited | ASTE Te Hau Takitini o Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 9 |
| PDF File Link: | ca 4_05.pdf [pdf 44 KB] |