| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/06 |
| Hearing date | 15 Jun 2006 |
| Determination date | 19 July 2006 |
| Member | Y S Oldfield |
| Representation | RI Harlick (in person) ; J Brown |
| Location | Auckland |
| Parties | Harlick v Tournament Parking Ltd |
| Summary | ARREARS OF WAGES - Triangular employment relationship - Respondent's contract with third party (MCL") expired and MCL took over operation - Claim for payment in accordance with redundancy arrangement - Respondent did not dispute amount owing but sought to have arrears offset against counterclaim - COUNTERCLAIM - BREACH OF CONTRACT - Restraint of trade - Applicant started at MCL day after termination - Employment agreement with respondent contained six month restraint of trade - Received no remuneration for six months then paid "sign on fee" - Applicant employed by MCL, albeit payment deferred, and breached restraint of trade provision - However, restraint not enforceable as no proprietary interest to protect and no consideration given - Authority not satisfied on balance that breach of confidentiality clause made out - Evidence not sufficient to establish on balance of probabilities applicant acted against respondent's interests - No question of damages being owed to respondent so nothing to offset against arrears claim - Counterclaim dismissed - Car Park Manager" |
| Result | Application granted ; Arrears of wages ($3,230.77) ; Counterclaim dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 246_06.pdf [pdf 38 KB] |