| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 67 |
| Hearing date | 14 Jun 2012 |
| Determination date | 18 June 2012 |
| Member | P R Stapp |
| Representation | G W Calver ; S Cook |
| Location | Napier |
| Parties | Farmer's Transport Ltd v R Hislop and Ors |
| Other Parties | Central Transport Ltd |
| Summary | INJUNCTION - RESTRAINT OF TRADE – Applicant sought interim injunction restraining first respondent (H") from breaching parties’ restraint of trade - Authority found balance of convenience favoured applicant due to H’s length of service at applicant and information H had knowledge of – Found overall justice of matter favoured applicant - Application for injunctive relief granted - Branch Manager" |
| Abstract | First respondent (“H”) employed as branch manager. Applicant sought to enforce restraint of trade including confidentiality clause and claimed applicant breached restraint of trade when began working for second respondent (CTL"). H began working for CTL month after resigned from employment with applicant. Parties’ employment agreement (“EA”) included restraint of trade clauses and applicant received payment for observing restraint. Applicant denied did not give employees opportunity to obtain legal advice before agreed to restraint of trade. Authority noted credibility issues with parties’ evidence. Applicant claimed working for CTL did not breach restraint and had not divulged any of applicant’s confidential information to CTL employees.;AUTHORITY FOUND –;INJUNCTION - RESTRAINT OF TRADE: Authority satisfied was seriously arguable case relating to enforceability of restraint of trade and interpretation issue relating to restraint’s application and duration. Balance of convenience favoured applicant due to H’s length of service at applicant and information H had knowledge of. Overall justice of matter favoured applicant. Application for injunctive relief granted." |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Wellington_67.pdf [pdf 231 KB] |