| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 75/04 |
| Determination date | 04 March 2004 |
| Member | J Scott |
| Representation | J Latimer ; P Davey |
| Location | Auckland |
| Parties | Jackel (NZ) Ltd v Ireland |
| Summary | PRACTICE AND PROCEDURE - Disclosure - Interim application by parties for disclosure - Alleged breach of duty of fidelity - Alleged involvement with competitor while employed with applicant - Applicant's expected gross profit relevant to determining loss of profit rather than competitor's - Reasonable period for disclosure of competitor's financial information 6 months after dismissal when lead times in placing orders internationally were considered - Mutual disclosure ordered of trading accounts - Disclosure ordered of competitor's initial bank documentation - Application of spring board doctrine in respect of misuse of former employer's confidential information - Reasonable period for documentation requested was 3 months after dismissal - Disclosure ordered of presentations, purchase orders excluding purchase price, patents relating to brands, correspondence with logo and packing companies, and promotional material - Contacts made by respondent whilst in employment not confidential information but initial correspondence with freight forwarder relevant - Disclosure of applicant's financial information ordered - Order that all documentation disclosed used only for purposes of investigation |
| Result | Orders accordingly ; No order for costs |
| Statutes | ERA s157(1);ERA s160(1)(a) |
| Cases Cited | BFS Marketing Ltd v Field (No 2) [1993] 2 ERNZ 325;Doherty Trading Ltd v Ferris [1999] 2 ERNZ 776 |
| Number of Pages | 9 |
| PDF File Link: | aa 75_04.pdf [pdf 43 KB] |