An Auckland hairdresser has been ordered by the Employment Relations Authority to pay nearly $5000 to his former employer after leaving the business and taking some of his clients with him.
Jorge Daniel Dominguez, a Chilean national, left WAR Hair Design in Remuera in June last year after
working there for nearly a year.
He told the authority he was unjustifiably dismissed from the salon and so began working for Nirvana Hair and Beauty, about 50m down the road, about 10 days later.
As part of Mr Dominguez's employment with WAR, he had signed a contract saying that for six months after leaving the business he was not to work at any competitor's salon within a three kilometre radius or work on any of WAR's clients during that time.
He was also not to actively solicit any of his clients to follow him to the new business.
Robin Arthur of the Employment Authority said in his ruling that as English was not Mr Dominguez's first language he may have been confused about the circumstances surrounding him leaving the salon.
Mr Arthur found that Mr Dominguez was not dismissed by the owners of WAR, but left voluntarily.
He also found that after Mr Dominguez had left for the Nirvana salon, he had spoken to nine clients about continuing to get their hair styled with him at his new job.
"His explanation in the case of two women was that they simply `insisted' he cut their hair as they did not like anyone else doing so," Mr Arthur said.
However, as Mr Dominguez had signed documents stating he would not work on former clients' hair, he was obliged to turn away such customers for an agreed period of time.
"Here Mr Dominguez clearly did not and was in breach of the agreements."
Mr Arthur ordered Mr Dominguez to pay the owners of WAR, which has since been sold, $3217 in damages and $1500 as a contribution to court costs.
- NZPA
