| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 10/06 |
| Hearing date | 14 Jan 2006 |
| Determination date | 18 January 2006 |
| Member | J Wilson |
| Representation | A Swan ; C Goris (Respondent 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 | COMPLIANCE ORDER - DAMAGES - In 2003, applicant had asked Authority to issue injunctions against first respondent, restraining him from continuing his employment with the second respondent - Also sought to enforce a restraint of trade clause - Matter settled by settlement deed - Deed provided that applicant withdrew proceedings and respondents would not undertake certain activities - First respondent was ex-employee - Second respondent was ex-employee's new employer - Third respondent was from second respondent - Private investigator hired by applicant sought suggestions for interior design - Alleged respondents' response was in breach of deed - Sought damages - Even if it could be said that respondents breached deed, such breach did not cause any financial damages to applicant since private investigator did not purchase a rug from anyone - No evidence given that respondents carried out any commercial activity in breach of deed - Also, first respondent had not been employed in this line of business since February 2004 so was extremely unlikely to have breached the deed since then - Little chance of applicant proving claims - Also, while not a consideration that the Authority should give undue weight to, if such loses could be established, it was unlikely that those would be of such a magnitude as to justify the legal and other expense expended by the various parties |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 10_06.pdf [pdf 30 KB] |