| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 206 |
| Hearing date | 4 Dec 2014 |
| Determination date | 08 December 2014 |
| Member | M B Loftus |
| Representation | K Dalziel ; P Moore, A Oberndorfer |
| Location | Christchurch |
| Parties | K T Ventures Ltd v Johnson |
| Summary | INJUNCTION – RESTRAINT OF TRADE – Applicant sought interim injunction restraining respondent from breaching restraint of trade clause (“ROT”) in parties’ employment agreement – Area manager |
| Abstract | AUTHORITY FOUND –;INJUNCTION – RESTRAINT OF TRADE: Applicant had arguable case of proprietary interest given lack of rebuttal by respondent but merits of case completely unknown. No evidence to show respondent could not recompense applicant if harm caused. Potentially no issue as to damages given no harm to applicant alleged. Viable alternatives to enforcing ROT. Balance of convenience favoured respondent strongly given little evidence of claim’s merit and fact respondent would face considerable hardship if forced to resign from new employer just prior to Christmas. Applicant yet to furnish evidence necessary to justify inordinately long 12 month restraint period. Application for injunctive relief declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Hally Labels Ltd v Powell (2011) 8 NZELR 532;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129;Pottinger v Kelly Services (New Zealand) Ltd [2012] ERNZ 411 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_206.pdf [pdf 156 KB] |