| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/04 |
| Hearing date | 5 Aug 2004 |
| Determination date | 06 August 2004 |
| Member | M Urlich |
| Representation | D MacKinnon ; R Towner |
| Location | Auckland |
| Parties | Fairfax New Zealand Ltd v Phillips and Anor |
| Other Parties | APN National Publishing; a division of APN NZ Ltd |
| Summary | INJUNCTION - Application for interim injunctions - Applicant newspaper and magazine publisher - First respondent employed by applicant as editor - First respondent commenced employment with second respondent as assistant editor for yet to be launched competing newspaper - Application for injunction to prevent first respondent from failing to comply with notice provision in employment agreement with applicant - Application for interim injunction to prevent second respondent from inducing first respondent to breach employment agreement - Employment agreement provided for 3 months notice of resignation - First respondent alleged term of notice period varied by agreement - Arguable case against first respondent that no variation agreed to - Second respondent gave undertaking for damages in respect of first respondent - Unclear what disadvantage applicant would have suffered if first respondent not required to complete notice period - Balance of convenience and overall justice favoured first respondent - No arguable case that second respondent induced first respondent to breach employment agreement - Editor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 6 |
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