Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 228A/03
Hearing date 17 Jul 2003 - 11 Aug 2003 (2 days)
Determination date 16 September 2003
Member J Wilson
Representation V Campbell ; H Jordan
Location Auckland
Parties Fire Security Services Ltd v Smith
Summary RESTRAINT OF TRADE - Resigned from position - Restraint of trade covered cities in New Zealand and Australia for period of 12 months - Intended to travel to Australia - Plans changed but did not inform respondent - Took up employment with competitor - No specialised skills required for position - No inherent proprietary interest in respondent's knowledge, skill or customer relationships - Restraint unenforceable - Fire alarm tester
Result Application dismissed ; Costs reserved
Cases Cited Airgas Compressor Specialists Ltd v Bryant [1998] 2 ERNZ 42;Peninsular Real Estate Ltd v Harris [1992] 2 NZLR 216
Number of Pages 5
PDF File Link: aa 228a_03.pdf [pdf 35 KB]