| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 337/04 |
| Determination date | 18 October 2004 |
| Member | A Dumbleton |
| Representation | C Patterson |
| Location | Auckland |
| Parties | Axiom Rolle PRP Valuations Services Ltd v Kapadia |
| Summary | INTERIM INJUNCTION - Ex parte application for Anton Piller order - Alleged breaches of obligations of confidentiality, loyalty, fidelity and good faith - Alleged respondent attempted to compete with applicant to obtain business franchise - Applicant sought order to uplift backup computer hard drive which respondent allegedly made containing confidential financial information - Applicant purchased business and assets of company respondent employed by - No written employment agreement entered into by parties - Fundamental misconception that third party to existing employment relationship can become employer simply by stepping into shoes of existing employer and taking over employment agreement - Not sufficient to create new employment relationship unless employees give consent - Evidence did not sufficiently establish when or whether respondent became employee of applicant - Alleged unlawful actions occurred prior to formation of any employment relationship - Evidence suggested applicant intended to breach sale and purchase agreement by not offering respondent same terms and conditions of employment - Possible breach of good faith which cast doubt on whether applicant had clean hands - Not sufficiently strong prima facie case to justify Anton Piller order - Senior real estate agent |
| Result | Application dismissed ; No order for costs |
| Statutes | Contracts Privity Act 1982;ERA s157 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |