| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/05 |
| Determination date | 26 January 2005 |
| Member | J Wilson |
| Representation | A Sawn ; C Goris (in person) ; T Strathdee |
| Location | Auckland |
| Parties | Turkish House Ltd t/a Techloom Carpet & Rug Creations v Goris and Ors |
| Other Parties | The Interior Design Company Ltd, Stewart-Eder |
| Summary | JURISDICTION - PRACTICE AND PROCEDURE - Whether Authority had jurisdiction over deed entered into between parties - Applicant was former employer of first respondent - First respondent now worked for second respondent - Third respondent representative of second respondent - Applicant originally lodged statement of problem alleging first respondent had breached restraint of trade and confidentiality provisions of employment agreement - Parties signed deed in which respondents agreed to cease and refrain from any activity in relation to business of design, import and manufacture of custom-made rugs and carpets until July 2008 - Applicant now sought damages and order restraining second respondent from contravening deed and third respondent from interfering with deed - Second and third respondents applied to be removed as respondents - Deed arose from employment relationship problem between applicant and first respondent - Authority had exclusive jurisdiction to determine whether or not deed enforceable, whether deed breached and whether respondents liable to pay damages - Investigation to continue as scheduled |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s161(1)(r) |
| Cases Cited | Waikato Rugby Union (Inc) v New Zealand Rugby Football Union (Inc) & Ors [2002] 1 ERNZ 752 |
| Number of Pages | 3 |
| PDF File Link: | aa 21_05.pdf [pdf 16 KB] |