| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 39/04 |
| Hearing date | 3 Dec 2003 - 4 Dec 2003 (2 days) |
| Determination date | 05 April 2004 |
| Member | H Doyle |
| Representation | J Copeland ; P McPherson |
| Location | Christchurch |
| Parties | McLeod Personnel Ltd v White |
| Summary | BREACH OF CONTRACT - Applicant claimed breach of actual and implied terms of confidentiality and good faith in individual employment agreement - Recruitment industry - Alleged respondent took confidential clerical test used to assess potential job candidates and client and candidate lists upon leaving employment and utilised them in new role with competitor - Respondent did take clerical test and client and candidate lists from applicant - Clerical test confidential information in nature of trade secret - Client and candidate lists were confidential information in light of content, nature of industry and express confidentiality provision in employment agreement - Applicant had proprietary interest in test and lists - Breach of confidentiality clause in employment agreement and implied obligations of confidentiality following termination - Taking test and lists during employment were breaches of good faith and duty not to act in manner calculated to destroy trust and confidence - Caused loss to applicant - Evidence insufficient to determine quantum of damages - Leave reserved for parties to call further evidence on issue of damages - Recruitment consultant |
| Result | Application granted ; Question of quantum of damages reserved ; Costs reserved |
| Cases Cited | Canterbury Produce Market Ltd v Richardson [1993] 1 ERNZ 217;ITP The Income Tax Professionals Limited v Maurice t/a Taxation Accounting Services unreported, Colgan J, 4 September 2001, AC 60/01;Medic Corporation Ltd v Barrett [1992] 2 ERNZ 1048 ; [1993] 2 NZLR 122;Owen Wood Limited v Fitzsimons unreported, Fisher J, 22 April 1997, A 46/96;Peninsular Real Estate Ltd v Harris [1992] 2 NZLR 216 |
| Number of Pages | 16 |
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