[2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]
...December and that, while time was not expressly stated to be of the essence, it was implicit that the payment would be made either upon the plaintiff invoking the subclause, or before the end of the employment, which was 7 February 2011. The letter claimed that payment of the requisite consideration was an essential term, the failure to pay constituted a breach of the restraint clause which substantially reduced the benefit and increased the burden of the agreement for the defend...