Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 107/06
Hearing date 27 Oct 2005
Determination date 24 July 2006
Member P Montgomery
Representation P Barrett ; S England
Location Christchurch
Parties Strait Freight Ltd v Shackleton and Ors
Other Parties Harwood, South Tranz Ltd
Summary COMPLIANCE ORDER - Compliance with record of settlement sought - Also sought compensation for losses suffered, or order that respondents account for profits resulting from breaches of restraint of trade - Applicant also sought penalty for breaches - Appeared that having negotiated restraint, respondents sought to wriggle out" of terms - No evidence to support claim employment agreements signed under duress - Respondents breached record of settlement by carrying freight for applicant's clients - Authority did not accept term "king pin towing" redundant in record of settlement - Respondents to account for profits and pay applicant profits garnered from unlawful transactions because it lost opportunities as result of breaches - Respondents to desist from undertaking work in breach of record of settlement"
Result Compliance ordered ; Orders accordingly ; Interest (8.5%) ; Costs reserved
Number of Pages 6
PDF File Link: ca 107_06.pdf [pdf 32 KB]