| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 322/09 |
| Hearing date | 7 Sep 2009 |
| Determination date | 07 September 2009 |
| Member | R Arthur |
| Representation | J Dodds (in person) ; no appearance |
| Location | Auckland |
| Parties | Dodds v Hi-Calibre Composites Ltd |
| Summary | ARREARS OF WAGES – No appearance for respondent – Applicant sought $2,500 arrears of wages and interest – Authority found arrears due and owing – Interest awarded – COUNTERCLAIM – Restraint of trade – Respondent claimed applicant breached non-solicitation clause by entering into employment with former customer (“X”) which employment agreement (“EA”) prohibited – Applicant argued respondent encouraged X to employ applicant – Authority preferred applicant’s evidence employment with X sought by respondent for applicant – Found alternatively, respondent waived right to rely on non-solicitation clauses when it sought employment for applicant with X – No breach of EA |
| Result | Application granted ; Counterclaim dismissed ; Arrears of wages ($2,500) ; Interest (4.74%)($66.88) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA cl11, sch2;ERA cl12, sch2 |
| Number of Pages | 4 |
| PDF File Link: | aa 322_09.pdf [pdf 18 KB] |