| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 149 |
| Determination date | 25 May 2015 |
| Member | E Robinson |
| Representation | D Fleming ; T Oldfield, P Davey |
| Parties | E-Lighting Ltd v Dickens and Ors |
| Other Parties | Peter, Hunza Production Ltd |
| Summary | INJUNCTION – Applicant sought extension of interim injunction – Whether injunction necessary to prevent first and second respondents using confidential information for further commercial advantage, to allow applicant to recruit and train new sales employee and allow applicant to rebuild relationships with customers, including third respondent |
| Abstract | AUTHORITY FOUND -INJUNCTION: Little benefit for competitors in having confidential information several months old. Applicant had not taken any steps towards recruiting new sales employee during months of injunction. No good reason for failure to recruit, although applicant busy. Relationship with third respondent highly unlikely to be repaired. First and second respondents had no fiduciary duties regarding applicant. Application for extension of interim injunction dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | BDM Grange v Parker [2006] 1 NZLR 353 (HC);Credit Consultants Debt Services NZ Ltd v Wilson (No 3) [2007] ERNZ 252;E-lighting Ltd v Dickens [2015] NZERA Auckland 61;Eil Brigade Road Ltd v Brown HC Christchurch CIV-2001-409-733, 5 August 2004;Marine Helicopters Ltd v Stephenson [1996] 1 ERNZ 472 (EmpC);Peninsula Real Estate Ltd v Harris [1992] 2 NZLR 216 (HC);Rooney Earthmoving Ltd v McTague [2009] ERNZ 240 (EmpC);SG&R Valuation Services Co v Boudrais [2008] EWHC 1340 (QB);Space Industries (1979) Ltd v McKavanagh [2000] 1 ERNZ 490 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_149.pdf [pdf 213 KB] |