| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 40 |
| Determination date | 26 February 2013 |
| Member | H Doyle |
| Representation | R Towner, E Coates ; P Churchman |
| Parties | Warren Skerrett Investments Ltd and Anor v Broad |
| Other Parties | Camelot New Zealand Ltd Partnership |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether Authority had jurisdiction to separate issues - Whether Authority should determine whether restraint of trade clause can be assigned by first applicant and enforced by second applicant as preliminary issue |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE - Authority had jurisdiction to separate issues. No principle of general application to issue of whether benefit of restraint of trade can be assigned by employer to third party and enforced by third party against employee. Unlikely separation of issues would be of cost or time benefit to parties. Application dismissed. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(f) - ERA s173(1)(a) - ERA s173(1)(b) - ERA s221(d) - Illegal Contracts Act 1970 s8 |
| Cases Cited | PGG Wrightson Ltd v Jary [2008] ERNZ 476;Precision Tracking (NZ) Ltd v Tait unreported, H Doyle, 16 Dec 2009, CA216/09 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_40.pdf [pdf 233 KB] |