| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 45/02 |
| Hearing date | 14 Feb 2002 - 8 Mar 2002 (6 days) |
| Determination date | 27 May 2002 |
| Member | P R Stapp |
| Representation | IM Gordon, TC Mitchell ; KD Binnie |
| Location | Wellington |
| Parties | Walker v AMP Henderson Global Investors (New Zealand) Ltd |
| Summary | BREACH OF CONTRACT - Alleged failure to pay correct salary - Disputed calculation of salary - Alleged variation to terms implied or varied by applicant's conduct - No acceptance of change by applicant's conduct - Changed arrangements accepted by implication - Paid in accordance with terms of individual employment agreement - Alleged entitlement to pro rata bonus and fair treatment under good leaver policy - Bonus and leaving payment discretionary - No entitlement to pro rata payments - Obligations of good faith met in considering redeployment options - No breach of contract - Counterclaim - Breach of contract - Solicitation of employee - Set up own business following termination - Employed former employee of respondent in breach of restraint of trade clause - Credibility - Applicant's evidence preferred - Unlikely applicant solicited former employee to work for him - Counterclaim dismissed - Equity manager |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Cases Cited | Bell v Broadley Downs Ltd [1987] NZILR 959;Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;Dwyer v Air New Zealand Ltd (No 2) [1996] 2 ERNZ 435;Fletcher Aluminium Ltd v O'Sullivan [2001] ERNZ 46;Investors Compensation Scheme Ltd v West Bromich Building Society [1998] 1 All ER 98;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;Priest v Fletcher Challenge Steel Ltd [1999] 2 ERNZ 395 |
| Number of Pages | 11 |
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