Question
About the law case Walden v Barrance please help to analyse according to the following Walden v Barrance [1996] 2 ERNZ 598 Facts: -Employee set
About the law case Walden v Barrance
please help to analyse according to the following
Walden v Barrance [1996] 2 ERNZ 598
Facts:
-Employee set up new accounting and taxation practice
-During the last weeks of employment made list of employer's clients
-Sent letter to over 150 people that started own practice
Held: Conduct falls into area which Court cannot approve. At page 617: "Conduct inimical to the interests of his employer which he was still bound to serve faithfully. It was directly in competition with his employer's interests..."
1. Who issued the proceedings in this case? What was the claim? And what remedy were they seeking?
2. Mr Barrance was originally employed in 1989 and initially signed a fixed term contract. What did the judge find in relation to this written contract and why was this finding important?
3. What did Mr Barrance admit to doing in the last few weeks of his employment? You should identify two separate actions.
4. At page 615 of the judgment, Goddard CJ discussed an employee's duty of fidelity. What "contest or tension" was identified in relation to this duty?
5. At page 616 of the judgment, Goddard CJ discussed the duty of fidelity in more detail. What is Rule 1? What is Rule 2?
6. How does the duty of fidelity impact on an employee's "preparations for departure and for his or her working life"?
7. At page 617 of judgment, Goddard CJ came to conclusions as to Mr Barrance's conduct. What did Goddard CJ find?
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