| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 38A/05 |
| Determination date | 18 March 2005 |
| Member | H Doyle |
| Representation | C Patterson |
| Location | Christchurch |
| Parties | Flight Centre (NZ) Ltd v Keys |
| Summary | INJUNCTION - Ex parte application for Anton Piller order - Respondent resigned from applicant - Placed on garden leave during notice period after announcing intention to work for applicant's competitor - Affidavit evidence that in week prior to resigning respondent emailed applicant's client list to her personal email - While still on garden leave respondent photographed for newspaper article wearing competitor's uniform - Applicant alleged respondent breached duties of good faith, confidentiality, fidelity and duty not to engage in secondary employment - Sought ex parte order to restrain respondent from using confidential information - Authority not prepared to deal with application ex parte - Sought Anton Piller order - Anton Piller order an equitable form of relief and Authority had equitable jurisdiction - Strong prima facie case that respondent deliberately emailed and retained respondent's confidential property - Very serious potential damage to applicant if clients approached by respondent using confidential information - Considerable likelihood respondent could destroy evidential material if sought by conventional means - Anton Piller order granted - Assistant manager |
| Result | Application granted ; Anton Piller order granted ; No order for costs |
| Statutes | ERA s162 |
| Cases Cited | Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55;Busby v Thorn EMI Video Programmes Ltd [1984] 1 NZLR 461 |
| Number of Pages | 3 |
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