| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 35/04 |
| Hearing date | 25 Mar 2004 |
| Determination date | 26 March 2004 |
| Member | P Cheyne |
| Representation | A Toohey ; B McDonald |
| Location | Christchurch |
| Parties | Versatile Buildings Ltd v Coates |
| Summary | INJUNCTION - Interim and permanent injunctions sought against respondent - Injunctions sought preventing respondent from being involved in business of certain competitors, using/disclosing confidential information and soliciting clients or employees of applicant - Whether enforceable restraint of trade provision - Parties negotiated terms on which respondent's employment to terminate - Respondent approached employee of applicant - Indication that respondent to become employee or contractor of competitor - Arguable case that restraint reasonable and enforceable or could be made so - Arguable case that respondent intended to breach restraint - Balance of convenience in favour of applicant - Interim injunction granted requiring respondent not to work directly or indirectly in specified industry for 12 months pending further Authority order - Application adjourned concerning further interim injunctions sought - Applicant entitled to protection by respondent providing formal undertaking not to use/disclose applicant's confidential information - Direction that parties participate in mediation - Manufacturing manager |
| Result | Interim injunction granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s68(4) |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |