Lee v Tech 5 Recruitment - JDEL represented the Respondent. Although Mr Lee was successful in as far as Tech 5's minor failings, Tech 5 was able to successfully argue that Mr Lee was a Casual Employee of Tech 5 and those aspects of his claims were dismissed. What this showed is that whether a role has morphed into a permanent one, will depend on the circumstances around the facts. Simply working for a client for an extended period of time in a triangular relationship, does not, in itself change the nature/intent of the employment relationship. Mr Lee appealed the decision to the Employment Court, but withdrew the claim shortly after.
Tech 5 Recruitment v Winders (Employment Court) -JDEL represented the Applicant. Tech 5 were successful at the Authority to gain a compliance order for the breaches of a section 149 Record of Settlement. Even with the compliance order, Mr Winders was not able to pay the agreed sum of money. Tech 5 applied to the Employment Court to have the debt paid for out of Mr Winder's Kiwi Saver in accordance with the Kiwisaver Act. Mr Winder's did not object and the Court issued the order. This was one of the first times in NZ where a debt of this kind was taken out of someone's Kiwisaver.
Source and Supply Food Co Ltd v Lorenzo - JDEL represented the Applicant. Ms Lorenzo resigned from her role. Not long after, and during the noticer period, the Employer heard that Ms Lorenzo, who was in a senior role at the company, was going to a direct competitor which was in breach of her contracted post employment obligations. The Employer asked her several times whether she was going to a competitor, but on each occasion, she denied the claim. An investigation confirmed that she was indeed going to a competitor and as such the Employer applied for an interim injunction preventing Ms Lorenzo from working for the new employer whilst the matter was being dealt with. The injunction was granted on the basis that Ms Lorenzo's dishonesty through the process led the Authority to believe that the Employer's concerns that Ms Lorenzo would/could use proprietary against it was genuine. The learnings from this is that parties need to be honest and upfront with each other in an employment relationship. "Restraints of Trades" can be enforced in certain circumstances, and being dishonest with one's employer about where one is going to, is not advisable and can give strength to the employer's case.
Hall v Consultex Ltd - JDEL represented the Applicant. Mr Hall, who was on ACC and was made redundant from his role. He submitted a PG on the basis that he was not provided with adequate information in the process, and the decision to make him redundant was predetermined and not for the reasons stated. The Authority found that although the Respondent had genuine reasons to undergo the process, the process itself was defective, including the failure to provide adequate information and making the process appear to have been premediated by their correspondence which disadvantaged the Applicant.
