| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126A/02 |
| Hearing date | 27 May 2002 |
| Determination date | 08 July 2002 |
| Member | T Woods |
| Representation | W Cameron (In person) ; M Corlett |
| Location | Auckland |
| Parties | Cameron v Intermech Ltd |
| Summary | BREACH OF CONTRACT - Counter-claim - Duty of fidelity - Undertook work outside of employment - Whether free to accept to work without obtaining respondent's consent - Time taken to carry out work mentally deducted from leave owing - Opportunity arose in course of business - Respondent unable to undertake work due to conflict of interest - Duty of fidelity breached - Conduct unlikely to damage respondent's business - Direct business interest not involved - Not in competition with respondent - Ought to have disclosed intentions - Conduct undermined trust and confidence - Reasonable employer informed of circumstances not likely to object - No loss suffered as a result of non-disclosure - No damages payable - ARREARS OF WAGES - Claim raised in response to counter-claim - Alleged entitled to extra leave for periods spent travelling - Entitlement contained in draft offer of appointment - Previously refused to accept that offer contained terms and conditions of employment - Extra leave not a contractual entitlement - Arrears claim not made out - Remedies - Previously determined commission due and owing - Order for payment made - Sales Manager |
| Result | Application dismissed (Counter-claim) ; Application dismissed (Arrears) ; Application granted (Commission) ; Arrears of wages ($3,602) ; Costs reserved |
| Cases Cited | Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507;Marsden Providors (1988) Ltd v Cotterill (1989) 2 NZELC 97,094;Sanders v Parry [1967] 2 All ER 803;Schilling v Kidd Garret Ltd [1977] 1 NZLR 243;TISCO Ltd v Communication and Energy Workers Union [1993] 2 ERNZ 779;Walden v Barrance [1996] 2 ERNZ 598 |
| Number of Pages | 8 |
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