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Allan v Ara Wetere t/a Active Hair 2002
24 Jan 2007, P R Stapp, WA 9/07, (2 pages)
CONSENT ORDER - Applicant sought compliance with mediated settlement - Respondent had not paid agreed settlement sum - Agreement reached for enforcement of mediated settlement - Respondent to pay $1,800 in three instalments - Compliance order made by consent - Agreement reached in full and final settlement
Result: Consent order granted ; Orders accordingly ; No order for costs
Karaitiana v Emerson
10 Nov 2006, G Wood, WA 162/06, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant had not received sums owed under agreement - Settlement agreement contained term that made party breaching agreement liable to $1,500 liquidated damages for each and every breach - Respondent in breach of two clauses - Respondent ordered to pay applicant sums owing under settlement and $3,000 damages - Respondent warned of consequences of failure to comply
Result: Application granted ; Compliance ordered ; Orders accordingly ; Costs reserved
Kim v Sense Research Ltd
28 Nov 2006, R Arthur, AA 358/06, (2 pages)
COMPLIANCE ORDER - Applicant sought enforcement of exit agreement - Agreement provided applicant to resign immediately and receive holiday pay plus two weeks wages - Applicant not to use respondent's intellectual property and respondent undertook to observe strict confidentiality in respect of resignation - No appearance by respondent - Indicated to support officer could not respond to application unless applicant provided "written release" to confidentiality obligations - Confidentiality term related to circumstances or background of resignation - Not bound by any confidentiality term from discussing why had not honoured terms of agreement relating to payment - Applicant entitled to enforce agreement - Authority calculated sums owing - No proper reason for delay in payment provided to applicant - Interest 8.64 percent
Result: Application granted ; Orders accordingly ; Interest 8.64% ; Disbursements in favour of applicant ($70)(Filing fee)
Maccaferri NZ Ltd v Langham
10 Apr 2007, P Cheyne, CA 37/07, (7 pages)
COMPLIANCE ORDER - Restraint of trade - Applicant sought order requiring respondent to comply with restraint of trade provision in unsigned employment agreement - Respondent claimed not bound by agreement - Claimed employment agreement formed orally before received draft written agreement - Respondent argued written offer no longer available because applicant did not respondent by stipulated date - Worked for applicant more than a year and assumed responsibilities and benefits of position - Respondent accepted terms of agreement not so much by silence but by actions - Whether restraint enforceable - No dispute level of remuneration agreed orally - Respondent argued express consideration past and ineffective to support restraint - Offer accepted on receipt of draft agreement - At time offer accepted, consideration for restraint not past - Respondent also claimed applicant breached agreement so could not rely on restraint - No repudiatory breach as resigned and respondent paid notice - Six month restraint period covering whole of New Zealand reasonable - Valid and enforceable restraint of trade - Authority found applicant conveyed message employment ended immediately notwithstanding intention to put on garden leave - Respondent not disadvantaged or prejudiced by delay in applicant lodging proceedings - Did not count against granting compliance order - Whether failure to advise respondent of right to independent advice allowed him to avoid order - Answer lay with Authority's obligation to make determination in accordance with substantial merits of case - Failure of form not substance - Respondent aware of restraint but chose not to get advice - Current employment with new employer put respondent in breach of agreement - Respondent to comply with agreement and cease performance of work for new employer similar to that performed by him at applicant - Compliance ordered - PRACTICE AND PROCEDURE - Respondent gave evidence that in reliance on oral agreement with applicant, resigned from prior employment - Respondent not in employment at time accepted employment with applicant - By giving untruthful evidence obstructed Authority's investigation and failed to act in good faith - Issue of untruthful evidence to be referred to Solicitor General for appropriate action - Sales engineer
Result: Application granted ; Orders accordingly ; Costs reserved
Roycroft v Cite Documnet Solutions Ltd
29 Nov 2006, K Raureti, AA 362/06, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant had not received sum owed under agreement - Authority satisfied record of settlement properly confirmed and signed by mediator - Compliance ordered - Entitled to interest at 7.6 percent
Result: Compliance ordered ; Interest (7.6%) ; Disbursements in favour of applicant ($70)(Filing fee)
Thomas v Signs One Ltd
22 Nov 2006, L Robinson, AA 353/06, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with determination of Authority - No appearance by respondent - Authority satisfied respondent had not complied with determination - Compliance ordered - Respondent warned of consequences of failure to comply
Result: Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
Williams v European Stone Surfaces Ltd
16 Nov 2006, R Monaghan, AA 347/06, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Had not received sum owed under agreement - No appearance by respondent - Respondent's lack of engagement with Authority raised concern about whether it acted in good faith in relation to employment relationship problem - Compliance ordered - Appropriate to award interest at 90-day bill rate plus 2%
Result: Compliance ordered ; Interest 9.6% ; Disbursements in favour of applicant ($70)(Filing fee)
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