| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 23/03 |
| Hearing date | 15 Jan 2003 |
| Determination date | 24 January 2003 |
| Member | A Dumbleton |
| Representation | K Muir, M Matthew ; P Wicks |
| Location | Auckland |
| Parties | Quantum Global Ltd & Anor v Day |
| Other Parties | Quantum Global New Zealand |
| Summary | INJUNCTION - BREACH OF CONTRACT - Previous interim injunction restrained respondent from being employed by competitor - Whether orders be made permanent or discharged - Negotiation of new employment agreement - Restraint of trade clause - Whether restraint of trade clause binding on respondent - New agreement not signed - Whether orally agreed to terms - Salary increase paid in accordance with new agreement - Higher salary payments amounted to advance in anticipation of new agreement being concluded - Conduct did not indicate binding contract - Importance of signature elevated beyond formality - No concluded agreement - Respondent resigned and began working for competitor - Interim injunction discharged - Order restraining use of confidential information discharged and substituted by order to observe confidentiality provisions of employment agreement - Restraint of trade provision reasonable - No evidence respondent breached undertakings to abide by confidentiality provisions - Salesperson |
| Result | Application dismissed ; Interim injunction discharged ; Order accordingly ; Costs reserved |
| Statutes | ERA s65(1)(a) |
| Cases Cited | Pendergrast v Davies unreported, Potter J, 1 August 2002, CP685-SW01;Marine Helicopters Ltd v Stevenson [1996] 1 ERNZ 472;Meates v Attorney-General [1983] NZLR 308 |
| Number of Pages | 8 |
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