| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 237 |
| Hearing date | 10-Aug-17 |
| Determination date | 14 August 2017 |
| Member | E Robinson |
| Representation | T Oldfield ; J Mills |
| Location | Auckland |
| Parties | About Face Ltd v Miller |
| Summary | INJUNCTION – Applicant sought interim injunction restraining respondent from working for a competing company and requiring her to comply with restraint of trade in Employment Agreement (“EA”) with Respondent |
| Abstract | AUTHORITY FOUND – INJUNCTION: Respondent had an arguable case for an interim injunction. Relative risk and inconvenience high and balance of convenience favoured applicant. Applicant’s case not strongly arguable, particularly because employment only of short period. No evidence that respondent took or disclosed any confidential information in breach of EA. Respondent gave undertakings that she will not solicit, offer or induce or deal with any clients whom she served whilst employed by applicant for a period of three months. Overall justice weighed against granting application for interim injunction. Application for injunctive relief dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Cases Cited | Credit Consultant Debt Services New Zealand Ltd v Wilson (No 3) [2007] ERNZ 252 (EmpC) Fuel Espresso Ltd v Hsieh [2007] NZCA 58 Gallagher Group Ltd v Walley [1999] 1 ERNZ 490 (CA) Green v Transpacific Industries Group (NZ) Ltd [2011] NZEmpC 6 Pottinger v Kelly Services (New Zealand) Ltd [2012] NZEmpC 101 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_237.pdf [pdf 215 KB] |