| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 147 |
| Hearing date | 12 Jul 2013 |
| Determination date | 17 July 2013 |
| Member | M B Loftus |
| Representation | R Brazil ; R Thompson |
| Location | Christchurch |
| Parties | Plastech Industries Ltd v Rickard and Anor |
| Other Parties | Action Plastics Ltd |
| Summary | INJUNCTION – RESTRAINT OF TRADE – Applicant sought interim injunction restraining first respondent from using confidential information and breaching duty of fidelity – Whether terms orally agreed – First respondent resigned to take up employment with second respondent – First respondent emailed clients advising of resignation – Clients cancelled business with applicant – Client referred to discussion with first respondent – Alleged breach of fidelity – PENALTY – Applicant sought penalty for second respondent aiding and abetting first respondent’s breaches of employment agreement – Business development manager |
| Abstract | AUTHORITY FOUND –;INJUNCTION – RESTRAINT OF TRADE: Applicant unable to refute claim no agreement signed. No arguable case for interim enforcement. Applicant could not produce evidence to show first respondent retained confidential information. Interim restraint would not undo consequences of email. Balance of convenience and overall justice precluded granting of application. Application for injunctive relief declined.;PENALTY: Penalties not addressed in interim and no evidence justifying any interim order against second respondent. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Restraint of Trade |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_147.pdf [pdf 149 KB] |