| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 262/03 |
| Hearing date | 1 Aug 2003 - 6 Aug 2003 (2 days) |
| Determination date | 29 August 2003 |
| Member | M Urlich |
| Representation | G Pollak ; I Davidson |
| Location | Auckland |
| Parties | Harris Fashions Ltd v Lang and Ors |
| Summary | BREACH OF CONTRACT - Alleged breach of fidelity - Alleged set up competing business - Alleged worked for competitor during employment - No evidence respondent directly involved in creation of competitor - Insufficient evidence of work for competitor - RESTRAINT OF TRADE - 12 month restraint for 5 kilometre radius - Restraint applied to interest in competition - Interest did not include working as employee for competitor - Applicant had no proprietary interest to protect - Bridal fashion designer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Interchem Agencies Ltd v Morris & Anor [2002] 2 ERNZ 256;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;McKay Electrical (Whangarei) Ltd v Hinton [1996] 1 ERNZ 501;Sanders v Parry [1967] 2 All ER 803;Westminster Chemical NZ td v McKinley and Tasman Machinery and Services Ltd [1973] 1 NZLR 659 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |