| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148/04 |
| Hearing date | 1 Dec 2004 |
| Determination date | 02 December 2004 |
| Member | P Cheyne |
| Representation | T McGinn ; J Grey |
| Location | Christchurch |
| Parties | Southern Network Services Ltd v Baker |
| Summary | INTERIM INJUNCTION - Respondent began to work for competitor after ceased employment with applicant - Alleged breach of restraint of trade provision - Applicant lost preferred supplier agreement with competitor and alleged it coincided closely with respondent going to work for competitor - Arguable case that respondent caught by restraint - Duration of restraint arguably reasonable or could be modified to be made reasonable - Balance of convenience in favour of applicant - Strong evidence that competitor ceased supplying work to applicant for reasons unconnected with employment of respondent - Competitor had undertaken not to deploy respondent on work it contracted to applicant - Overall justice in favour of respondent - Application dismissed - No evidence to support alleged breach by use of confidential information - Respondent had given undertaking that had not and would not use confidential information in new employment - Electrician |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
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