| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 227/05 |
| Determination date | 21 June 2005 |
| Member | Y S Oldfield |
| Representation | J Carney ; C Daniels |
| Location | Auckland |
| Parties | Teliss International Ltd v Spence |
| Summary | JURISDICTION - Applicant alleged respondent breached restraint of trade provisions in employment agreement - Respondent lived in Namibia - Respondent requested Authority decline jurisdiction under r19B(1) Employment Relations Authority Regulations 2000 - Requiring respondent to return to New Zealand would cause considerable inconvenience and expense - Authority satisfied that respondent would suffer disadvantage if proceedings heard in New Zealand - Other grounds not made out - Law of New Zealand applied pursuant to parties' employment agreement - Assertion that applicant would receive proper justice and fairness should matter be heard in Namibia not supported by any information - Authority could not decline jurisdiction - Considerable merit in respondent's submission that applicant had limited prospects of success - Restraints for periods as extensive as two years rarely held up without modification - No particulars of consideration for restraint - No indication how respondent's actions caused applicant loss - Investigation to be commenced on papers and timetable set |
| Result | Application dismissed ; Orders accordingly ; No order for costs |
| Statutes | Employment Relations Authority Regulations 2000 r19B(1) |
| Number of Pages | 4 |
| PDF File Link: | aa 227_05.pdf [pdf 21 KB] |