| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 183 |
| Determination date | 27 June 2017 |
| Member | R Arthur |
| Representation | S Langton ; D Grindle ; P Churchman QC, S Hornsby-Geluk, D Traylor (Applicants Clarke and Clarke) |
| Location | Auckland |
| Parties | Gea Process Engineering Ltd v Schicker |
| Summary | COMPLIANCE ORDER – Applicant sought orders requiring respondent to comply with confidentiality obligations under his former employment agreement – RESTRAINT OF TRADE – Applicant sought orders restricting respondent’s work for new employer – COSTS – Directors of respondent’s new employer sought costs incurred in preparing their responses to a witness summons – PRACTICE AND PROCEDURE – Authority considered removal of respondent’s new employer’s claim for costs incurred in preparing their responses to a witness summons to Employment Court (“EC”) on its own motion. |
| Abstract | AUTHORITY FOUND – COMPLIANCE ORDER: Applicant failed to take steps to indicate any real intention to promptly progress proceedings. Applicant’s delay in advancing case unreasonable. Fairness required propter process and resolution. Application dismissed. PRACTICE AND PROCEDURE: Appropriate for Court to consider summonsed witnesses costs. Matter removed to EC. |
| Result | Application dismissed |
| Main Category | Compliance Order |
| Statutes | H v A Ltd [2014] NZEmpC 92 ; Schicker v GEW Process Engineering Ltd [2015] NZERA Auckland 384 |
| Cases Cited | Employment Relations Authority Regulations 2000, r4(1)(c) ; ERA Second Schedule cl5 ; ERA Second Schedule cl6 ; ERA Second Schedule cl15; ERA s157 ; ERA s160 ; ERA s160(1)(f) ; ERA s173(1) ; ERA s173(2); ERA s173(3); ERA s174D ; ERA s174E ; ERA s178; ERA s178(2)(a) ; ERA s178(2)(d); ERA s178(5) ; ERA s178(6) |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Auckland_183.pdf [pdf 235 KB] |