| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 159/01 |
| Determination date | 16 October 2001 |
| Member | R A Monaghan |
| Representation | R France ; L Ponniah |
| Location | Auckland |
| Parties | Gardner v Dynamic Communications Ltd |
| Summary | BREACH OF CONTRACT - Restraint of trade - Disputed whether employment contract signed - No restraint of trade in original contract - Employment contracts standardised - Contained new bonus scheme and restraint of trade - Refused to sign contract - Failed to follow up refusal - No agreement to restraint of trade clause - Breach of duty of good faith - Payment of penalty and damages appropriate - Alleged intentional misrepresentation that applicant subject to restraint of trade clause - No jurisdiction in tort - Cable installer |
| Result | Application granted ; Damages ($5,890) ; Penalty in favour of applicant ($2,000) ; Penalty in favour of Crown ($2,000) ; Costs reserved |
| Statutes | ERA s4;ERA s133;ERA s134 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Bates v BP Oil New Zealand Ltd [1996] 1 ERNZ 657;Scally v Southern Health and Social Services Board [1991] 4 All ER 563;Telecom South Ltd v NZ Post Office Union [1992] 1 ERNZ 711 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |