| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 88 |
| Determination date | 18 June 2014 |
| Member | H Doyle |
| Representation | T Stallard ; S Ogilvie (in person) |
| Parties | Nelson Weekly Ltd v Ogilvie |
| Summary | INJUNCTION - RESTRAINT OF TRADE - Applicant sought interim injunction restraining respondent from breaching restraint of trade in parties' employment agreement - Minimum wage - Applicant claimed new role different to previous role with respondent - Six month restraint from employment in media business within 100km - Junior reporter |
| Abstract | AUTHORITY FOUND -;INJUNCTION - RESTRAINT OF TRADE: No proprietary interest in terms of applicant's relationship with clients. No significant access to client details or other confidential information that would give rise to proprietary interest. Restraint not reasonable in duration or scope. Restraint to prevent competition. Not possible to modify in satisfactory way. Application for injunctive relief declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA |
| Cases Cited | Broadcasting Corporation of NZ v Nielsen (1988) 2 NZELC 96,040;Gallagher Group Ltd v Walley [1999] 1 ERNZ 490;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_88.pdf [pdf 166 KB] |