| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338A/04 |
| Hearing date | 1 Nov 2004 |
| Determination date | 08 November 2004 |
| Member | J Wilson |
| Representation | R Towner ; P Muir |
| Location | Auckland |
| Parties | Boise New Zealand Ltd v Slight |
| Summary | INJUNCTION - Restraint of trade - Whether reasonable and enforceable - Respondent resigned and took up position with competitor - Applicant sought to protect information that had business relationship with particular overseas suppliers - Not trade secret - No propriety interest in information - Restraint unenforceable - Injurious effect on respondent if restraint enforced since if unable to take up position with new employer unlikely position would have remained available to him - Unreasonable to enforce restraint - Confidentiality - Respondent had already provided undertakings in respect of confidential information - No evidence that respondent intended to breach obligation of confidentiality - As part of undertakings already given had not indicated he accepted the list of named overseas suppliers was confidential - Order made reflecting that - Parties allowed discussion as to final list which should be regarded as confidential - If unable to agree to final list matter to be referred back to Authority - Order set out in determination - If any evidence that respondent had or intended to breach order applicant free to seek order for compliance and/or damages |
| Result | Orders accordingly ; Costs reserved |
| Statutes | ERA s162;Illegal Contracts Act 1970 |
| Cases Cited | Cain v Turners and Growers Fresh Ltd [1998] 3 ERNZ 314;DB Breweries Ltd v Marshall [1994] 1 ERNZ 98;Force Four NZ Ltd v Curtling [1994] 1 ERNZ 542;Gallagher Group Ltd v Walley [1999] 1 ERNZ 490;Invacare New Zealand Ltd v Shand unreported, Anderson J, 14 April 1999, CP 138 SW99;Lansing Linde Ltd v Kerr [1991] 1 All ER 418;Littlewoods Organisation Ltd v Harris [1978] 1 All ER 1026 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |