| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235/02 |
| Hearing date | 6 Aug 2002 |
| Determination date | 13 August 2002 |
| Member | WRC Gardiner |
| Representation | J Cain ; M Ward-Johnson |
| Location | Auckland |
| Parties | Benchmark Building Supplies Ltd v Francis |
| Summary | BREACH OF CONTRACT - PENALTY - Whether failed to work notice period - Alleged breach of confidentiality - Alleged used confidential information to acquire applicant's clients - Induced clients to change company by using confidential information - Entitled to damages for loss of business and failure to work out notice - Penalty appropriate for loss of client and business contract - Claim for general damages inappropriate - RECOVERY OF MONEY - Sought reimbursement for overpayment of wages - Claimed paid in lieu of notice - Payment made in administrative error - Credibility - Applicant's evidence preferred - Respondent chose not to work required notice period - Applicant entitled to reimbursement of money overpaid less outstanding holiday pay - Sales representative |
| Result | Application granted ; Damages ($6,353.90)(Loss of client contract) ; ($3,001)(Failure to work out notice) ; Penalty ($1,000)(Payable to applicant) ; Overpayment owing ($632.76) ; Interest (7 percent) ; Costs reserved |
| Cases Cited | ITP The Income Tax Professionals Ltd v Maurice t/a Taxation Accounting Services unreported, Colgan J, 4 September 2001, AC 60/01;Medic Corporation Ltd v Barrett [1992] 2 ERNZ 1048;New Zealand Post Ltd v Communication and Energy Workers Union and Anor unreported, Goddard CJ, 28 February 1996, WEC 10/96 |
| Number of Pages | 12 |
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