| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 85 |
| Determination date | 24 March 2015 |
| Member | R Arthur |
| Representation | M Ward-Johnson ; Q (in person) |
| Parties | P v Q |
| Summary | INJUNCTION - Applicant sought interim injunction requiring respondent to comply with confidentiality obligations in employment agreement (EA") and parties' settlement agreement ("SA"), and to take down website containing video alleging "management failings" at applicant - E-mail to employees at number of local authorities containing link to video" |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Authority ordered interim non-publication of parties' identities. Respondent sent e-mails to employees and elected members of applicant, and employees at nine other local authorities, despite confidentiality obligations in EA and SA. Arguable case that significant portions of respondent's comments in video breached confidentiality obligations. Doubtful that respondent could establish SA entered into under duress. Respondent's comments arguably went beyond disclosure of information about alleged criminal matters. Restrictions on respondent's freedom of expression justified limits under New Zealand Bill of Rights Act 1990. Any damage or injury to confidentiality arrangements would only increase if respondent's comments left in place while interim injunction would only delay respondent's ability to promote view of events to wider audience. Balance of convenience favoured grant of interim injunction. Respondent's argument about website and video being largely about criminal investigation weak. Overall justice of case favoured grant of interim injunction. Respondent to cease to publicise website, disable access for any other person to website and video, and cease communication on matters subject to confidentiality obligations. Application for injunctive relief granted. |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA;ERA s149;ERA s149(3);ERA s162;ERA Second Schedule cl10;New Zealand Bill of Rights Act 1990;New Zealand Bill of Rights Act 1990 s5;New Zealand Bill of Rights Act 1990 s6;New Zealand Bill of Rights Act 1990 s14 |
| Cases Cited | Credit Consultants Debt Services NZ Ltd v Wilson (No 2) [2007] ERNZ 205 (EmpC);Jacks Hardware and Timber Ltd trading as Mitre 10 Mega (Mosgiel and Dunedin) v Beentjes [2015] NZERA Christchurch 29;Simpro Software New Zealand Ltd v Nuttall [2015] NZERA Auckland 64 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_85.pdf [pdf 240 KB] |