| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 18 |
| Hearing date | 10 & 11 Feb 2016 (2 days) |
| Determination date | 29 February 2016 |
| Member | Peter van Keulen |
| Representation | P Andrew, L Goffin ; K Dunn |
| Location | Invercargill |
| Parties | Edminstin v Sanford Ltd |
| Summary | DISPUTE - Parties disputed interpretation of ‘settlement agreement (SA) - Whether respondent breached SA by retaining and using applicant’s fishing marks, and not providing applicant with accessible copy of marks - COMPLIANCE ORDER - Applicant sought order for compliance with SA - Skipper |
| Abstract | AUTHORITY FOUND -;DISPUTE: Authority ordered non-publication of terms of SA. Fishing marks created during applicant’s employment constitute confidential information owned by respondent per employment agreement. Applicant can take away copy of fishing mark but respondent allowed to retain mark. Question answered in favour of respondent.;COMPLIANCE ORDER: Subject to parties resolving applicant’s issue with accessing copy of marks, respondent complied with SA. Application dismissed. |
| Result | Question answered in favour of respondent ; Application dismissed (compliance order) ; Costs reserved |
| Main Category | Dispute |
| Statutes | Copyright Act 1994 s21 - ERA s 137(2) - ERA s149 - ERA s174E - Fisheries (Southland and Sub Antarctic Areas Commercial Fishing) Regulations 1986 |
| Cases Cited | Edminstin v Sanford Ltd [2015] NZERA Christchurch 145;Edminstin v Sanford Ltd (No 2) [2015] NZERA Christchurch 158;Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand [2014] NZSC 147, [2015] 1 NZLR 432;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618;New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_18.pdf [pdf 235 KB] |