| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/08 |
| Hearing date | 17 Apr 2008 |
| Determination date | 02 May 2008 |
| Member | D Asher |
| Representation | J A Burney ; D Frampton |
| Location | Wellington |
| Parties | Loder v Terson Industries Ltd t/a Doortech |
| Summary | DISPUTE - Applicant sought payment of non-competition premium - Premium paid monthly on condition applicant did not breach competition and confidentiality clauses and required extended four month notice period - Premium to be repaid if conditions broken - Applicant resigned when parties could not agree on new terms after expiry of purported fixed term agreement - Worked four month notice period and submitted entitled to premium payments during that time - Respondent argued agreement to pay premium ended when fixed term agreement ended - However, parties agreed terms rolled over when employment extended past expiry date - Paid premium during previous “gap” between fixed term agreements - Respondent relied on provisions of premium agreement to require applicant to work extended notice - Not fair and reasonable for respondent to exercise obligation part of premium while not remunerating him accordingly - Applicant entitled to premium payments during notice period - Breach of contract counterclaim withdrawn - Sales consultant |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s66(2)(a);ERA s66(2)(b) |
| Number of Pages | 7 |
| PDF File Link: | wa 55_08.pdf [pdf 27 KB] |