| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 107 |
| Hearing date | 10 Apr 2015 |
| Determination date | 13 April 2015 |
| Member | V Campbell |
| Representation | R Towner ; D Gelb |
| Location | Auckland |
| Parties | OfficeMax New Zealand Ltd v Sequeira |
| Summary | INJUNCTION – Applicant sought injunction to enforce restraint of trade provision in employment agreement (“EA”) – Merchandise Administration Manager |
| Abstract | AUTHORITY FOUND –INJUNCTION: Order for non-publication of applicant’s sensitive commercial information. Arguable that restraint of trade provision unenforceable due to geographic boundaries and six month time period. Respondent unable to pay substantial damages if not working. Respondent unlikely to breach confidentiality regarding applicant’s new initiative as initiative mostly developed after respondent’s dismissal. Balance of convenience with respondent. Application for injunctive relief dismissed. |
| Result | Application dismissed ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127 |
| Cases Cited | Aluminium Cynamid Co Ltd v Ethicon Ltd [1975] AC 396;Fletcher Aluminium Ltd v O’Sullivan [2001] 2 NZLR 731 (CA);Fuel Espresso v Hsieh [2007] NZCA 58, [2007] 2 NZLR 651;Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 (CA);Mason v Provident Clothing & Supply Company Ltd [1913] AC 724 (HL);Pottinger, Nine Dot Consulting Ltd & Carew v Kelly Services (New Zealand) Ltd [2012] NZEmpC 101, [2012] ERNZ 411 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_107.pdf [pdf 182 KB] |