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Harlick v Tournament Parking Ltd
19 Jul 2006, YS Oldfield, AA 246/06, (6 pages)
ARREARS OF WAGES - Triangular employment relationship - Respondent's contract with third party ("MCL") expired and MCL took over operation - Claim for payment in accordance with redundancy arrangement - Respondent did not dispute amount owing but sought to have arrears offset against counterclaim - COUNTERCLAIM - BREACH OF CONTRACT - Restraint of trade - Applicant started at MCL day after termination - Employment agreement with respondent contained six month restraint of trade - Received no remuneration for six months then paid "sign on fee" - Applicant employed by MCL, albeit payment deferred, and breached restraint of trade provision - However, restraint not enforceable as no proprietary interest to protect and no consideration given - Authority not satisfied on balance that breach of confidentiality clause made out - Evidence not sufficient to establish on balance of probabilities applicant acted against respondent's interests - No question of damages being owed to respondent so nothing to offset against arrears claim - Counterclaim dismissed - Car Park Manager
Result: Application granted ; Arrears of wages ($3,230.77) ; Counterclaim dismissed ; Costs reserved
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