| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 294 |
| Hearing date | 26-Aug-16 |
| Determination date | 30 August 2016 |
| Member | Rachel Larmer |
| Representation | A Swan ; G Pollak |
| Location | Auckland |
| Parties | Dawsons Catering Ltd v Hawke |
| Summary | INJUNCTION - Applicant sought injunction preventing respondent from breaching restraint of trade and confidentiality clause - Caf� manager |
| Abstract | AUTHORITY FOUND -INJUNCTION: No express confidentiality. No information obviously confidential by nature or character. Respondent’s relationship with customers, event managers and university staff not protected by restraint. No proprietary interest or confidentiality in menus. No legitimate propriety interest to protect. Respondent conceded restraint of trade clause was unenforceable. Application for injunctive relief dismissed. |
| Main Category | Injunction |
| Cases Cited | Faccenda Chicken Ltd v Fowler [1985] 1 All ER 724;Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 (CA);Transpacific Industries Group (NZ) Ltd v Harris [2013] NZEmpC 97, [2013] ERNZ 267 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Auckland_294.pdf [pdf 190 KB] |