| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 116 |
| Hearing date | 19-Jun-17 |
| Determination date | 06 July 2017 |
| Member | C Hickey |
| Representation | P Shaw ; L Ryder |
| Location | Christchurch |
| Parties | Simon Beirne Ltd v Selinger |
| Summary | INJUNCTION - Applicant sought interim injunction requiring applicant to comply with restraint of trade clause and post-employment confidentiality, and to return company property - Salesperson |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Respondent cannot deem all and any information acquired by applicant during employment was confidential. Arguable that parties involved did not meet plain meaning of ‘customer’. Arguable that respondent had proprietary interest in pricing models. Barely arguable case that Authority would issue permanent injunction in line with restraint clause. Relative inconvenience of granting injunction greater for applicant than declining to grant it for respondent. Overall justice favours declining interim injunction to uphold restraint of trade clause. Applicant ordered to return or destroy all documents or equipment belonging to respondent. Applicant ordered to uphold post-employment confidentiality by not referring to and using respondent’s analysis for his own benefit. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s162(f) ; Illegal Contracts Act 1970 s8 |
| Cases Cited | Faccenda Chicken Ltd v Fowler [1985] 1 All ER 724;Fuel Espresso Ltd v Hsieh [2007] NZCA 58, [2007] 2 NZLR 651 |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Christchurch_116.pdf [pdf 316 KB] |