This written statement is not a contract per se, but is one of your main terms of employment. There will usually be many other terms that make up the rest of your employment contract. Some employment contracts contain a language such as: “If the employee leaves the company [on time and X], the employee must reimburse the company [X dollar] for his training costs.” This is called a “liquidated damages” provision. I see a surprising number of these provisions in employment contracts. If you think about it, these non-call agreements are helpful. Employees have access to all kinds of client lists. They may have contact information for customers, and they know who is interested in different types of services. So if they leave to start their own business, they could very easily try to get customers from the previous employer. And the only reason they had access to this information was their employment. The courts consider that this would be unfair theft of customers and that they will impose non-demand more often than non-competition prohibitions. If you and your employer are in dispute about an employment contract and you are unable to resolve it between yours, you have a free placement service with the Ministry of Economy, Innovation and Employment (MBIE). Contact the MBIE Mediation Service via an online or telephone request on 0800 20 90 20.
If all else fails, you should take legal action against your employer to be compensated for the losses resulting from the injury. Most agreements will explain what will happen if an offence occurs, and there are certain types of agreements that could be considered illegal and would be repressed in court. A non-competition clause would be an example. Some states completely prohibit non-competition clauses, while others impose very strict limits on them. However, in cases such as the example I just mentioned, staff have a duty to mitigate it. Therefore, a worker should immediately look for comparable employment elsewhere. If they are able to secure a job, but for less than what they paid under their previous contract, they could still claim damages to make up for the difference. Another means of recourse is for the employer to return the employee to his or her previous position.
B, for example, in the event of an incident of unlawful dismissal.