| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 15 |
| Determination date | 20 January 2012 |
| Member | H Doyle |
| Representation | D Rhodes ; R Thompson |
| Location | Christchurch |
| Parties | Maniototo Youth Group Inc v Burroughs |
| Summary | PRACTICE AND PROCEDURE – Respondent sought order applicant’s claim frivolous or vexatious – Applicant claimed within Authority’s jurisdiction to determine whether respondent breached employment agreement (“EA”) – Respondent resigned – Applicant claimed respondent contacted applicant’s clients after resignation in breach of EA’s non-solicitation clause - Respondent claimed did have contact with applicant’s clients but denied solicited or persuaded clients to stop using applicant’s services – Authority found not tenable argument that respondent prevented from having any contact with applicant’s members – Found EA prevented solicitation of applicant’s clients but did not prohibit any contact with applicant’s clients – Found applicant’s claim untenable and lacked reasonable grounds – Found applicant’s claim vexatious |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl12A |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_15.pdf [pdf 28 KB] |