| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 134/03 |
| Hearing date | 12 Dec 2003 |
| Determination date | 12 December 2003 |
| Member | P Cheyne |
| Representation | D More ; L Brook |
| Location | Christchurch |
| Parties | Service Foods (Dunedin) Ltd v de Jong |
| Summary | INTERIM INJUNCTION - Restraint of trade - 6 months duration - Enforceability of provision - No written employment agreement - Whether respondent agreed to restraint of trade - Arguable case that applicant either agreed to be bound by restraint or was estopped from denying its effect - Would have been necessary to use power to vary provision before enforceable - No arguable case about possible misuse of confidential information - Balance of convenience favoured applicant - Overall justice - Applicant's case respondent bound by restraint not strong - Problem stemmed from failure to provide written agreement - Delay in bringing matter to Authority - Interim relief declined - Sales representative |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s161(3);Illegal Contracts act 1970 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |