| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228/03 |
| Hearing date | 17 Jul 2003 |
| Determination date | 29 July 2003 |
| Member | J Wilson |
| Representation | V Campbell ; H Jordaan |
| Location | Auckland |
| Parties | Fire Security Services Ltd v Smith |
| Summary | INTERIM INJUNCTION - Restraint of trade - Applicant took up position with competitor after resigning for alleged overseas travel reasons - Restraint of trade and consideration part of employment agreement - Arguable case - Balance of convenience favoured respondent - No alternative remedy given applicant's financial circumstances - Applicant deliberately misled respondent - Overall justice favoured interim relief - Orders restraining applicant from conveying information about respondent to current employer - Restrained from contacting respondent's clients or using confidential information |
| Result | Application granted ; Interim injunction ordered ; Costs reserved |
| Cases Cited | Grey Advertising (New Zealand) Ltd v Marinkovich [1999] 2 ERNZ 844 |
| Number of Pages | 4 |
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