| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 98/09 |
| Hearing date | 1 Jul 2009 |
| Determination date | 09 July 2009 |
| Member | P Cheyne |
| Representation | A Brown, K Dratvitzki ; D McLeod |
| Location | Queenstown |
| Parties | Brown & Anor v Architecture DM (Queenstown) Ltd |
| Summary | ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – First and second applicant sought two weeks arrears of wages and holiday pay – Applicants resigned from employment and requested annual leave for final two weeks of employment – Applicants received only half of their wages - Authority ordered respondent to pay applicants $1,346 each for arrears of wages and $2,107 each for arrears of holiday pay - RECOVERY OF MONIES – Applicants sought reimbursement of work expenses - Employment agreement (“EA”) entitled applicants to be reimbursed for work expenses – Authority ordered respondent to reimburse applicants total of $4,578 - COUNTERCLAIM – Breach of contract – Respondent sought damages for excessive use of company vehicle – Respondent claimed made clear to parties private use of vehicle limited – Authority found no breach as EA entitled applicants to use company vehicle without restrictions – Respondent claimed applicants breached copyright and solicited respondent’s client (“C”) after resignation – Found no breach of copyright because drawings used by applicants for C owned by C – Found no solicitation - Respondent claimed applicants solicited respondent’s client (“W”) – Found no solicitation as W cancelled contract with respondent due to disagreement over copyright matters - Found engagement occurred after employment terminated and no post-termination restraint of trade provisions in EA – Respondent claimed applicants diverted work to their own business while employed at respondent – Applicants completed work for respondent’s client and invoiced client under applicants’ business name – Applicants argued respondent failed to pay them for work done – Found applicants’ wrongfully diverted work breaching their contractual obligations to respondent – Applicants ordered to pay respondent damages of $2,250 – Architect |
| Result | Applications granted ; Counterclaim (granted) ; Arrears of wages ($1,346)(First applicant)(Second applicant) ; Arrears of holiday pay ($2,107)(First applicant)(Second applicant) ; Recovery of monies ($4,578.64)(First and second applicant) ; Damages ($2,250)(Breach of contract)(To be paid by applicants jointly) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 7 |
| PDF File Link: | ca 98_09.pdf [pdf 22 KB] |