| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 369 |
| Hearing date | 23-Nov-15 |
| Determination date | 25 November 2015 |
| Member | Robin Arthur |
| Representation | P Muir, C Walker ; C Service, F Ryff |
| Location | Auckland |
| Parties | Metropolitan Glass and Glazing Ltd v Meiring |
| Summary | RESTRAINT OF TRADE – Applicant sought interim injunction restraining respondent from working for competing business – Geographical scope of restraint of trade (“ROT”) provision - Regional manager |
| Abstract | AUTHORITY FOUND –;RESTRAINT OF TRADE: Order for non-publication of confidential commercial information. Necessary for applicant to prove that ROT clause agreed to by respondent was unreasonable, and now reasonable to substitute a wide restraint instead. Unlikely that applicant could successfully claim that since would provide employer with more than was bargained for. Respondent of modest financial means, so unlikely to be able to pay damages if injunction granted. In any case, no certainty that applicant suffered loss. Balance of convenience with applicant. Overall justice favoured declining application. Application for injunctive relief dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Restraint of Trade |
| Statutes | ERA Second Schedule 10 |
| Cases Cited | Air New Zealand Ltd v Kerr [2013] NZEmpC 153, [2013] ERNZ 581;Credit Consultants Debt Services NZ Ltd v Wilson (No 3) [2007] ERNZ 252 (EmpC);Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa v Raymond EC Auckland AC24/06, 1 May 2006;Fuel Espresso v Hsieh [2007] NZCA 58, [2007] 2 NZLR 651;H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38;Littlewoods Organisation Ltd v Harris [1978] 1 All ER 1026 (EWCA);United Pukekohe Ltd v Grantley [1996] 3 NZLR 762 (HC);Welsh v Cooney [1993] 1 ERNZ 407 (CA) |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Auckland_369.pdf [pdf 207 KB] |