| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/01 |
| Determination date | 03 July 2001 |
| Member | G J Wood |
| Representation | G Ogilvie ; K O'Donoghue |
| Location | Wellington |
| Parties | Quest Mobile Ltd v Love |
| Summary | INTERIM INJUNCTION - Restraint of trade clause - Whether clause applied to respondent - Clause applied to ex-employees working as contractors - Respondent worked for new company as employee - Clause construed strictly - Ambiguity favoured respondent - Whether relationship with Vodafone via the respondent was applicant's proprietary interest - Respondent developed relationship with Vodafone prior to employment with applicant - Whether period of restraint unreasonable - Whether clause void for lack of consideration - Arguable case - Respondent's undertaking not to solicit applicant's customers an alternative remedy - Balance of convenience favoured respondent as possibility of no income - Overall justice favoured respondent - Sales representative |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Cooney v Welsh [1993] 1 ERNZ 407;Debtor Management (NZ) Ltd v Quail [1993] 2 ERNZ 498 |
| Number of Pages | 5 |
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