| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 344/02 |
| Hearing date | 11 Nov 2002 |
| Determination date | 27 November 2002 |
| Member | A Dumbleton |
| Representation | K Muir, M Matthew ; P Wicks |
| Location | Auckland |
| Parties | Quantum Global Ltd and Anor v Day |
| Other Parties | Quantum Global New Zealand |
| Summary | INTERIM INJUNCTION - Orders sought restraining respondent from competing with applicants - Order sought requiring respondent to return confidential information Whether restraint of trade existed - Unsigned employment agreement had restraint clause - Restraint for 18 months - Alleged breach of restraint and confidentiality - Arguable case established - Overall justice favoured applicants - Injunction appropriate - Parties directed to mediation |
| Result | Application granted ; Referred to mediation ; Costs reserved |
| Statutes | ERA s162 |
| Cases Cited | Faccenda Chicken Ltd v Fowler [1986] 1 All ER 617;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 140;Pendergrast v Davies unreported, Potter J, 1 August 2002, CP685-SW01 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |