| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173A/01 |
| Determination date | 24 December 2001 |
| Member | A Dumbleton |
| Representation | S Reeves; Brott in person ; No appearance ; R James |
| Location | Auckland |
| Parties | Flying Kiwi Studios Ltd v Brott |
| Other Parties | EF Ltd |
| Summary | PRACTICE AND PROCEDURE - Preliminary matters - No appearance for second respondent - Misappropriated customer database - Gained employment with competitor - Second respondent incorrectly cited as new employer - No connection with applicant or first respondent - Appropriate that name permanently suppressed - Interim injunction previously issued by Authority - Documents seized pursuant to Anton Piller order to be sealed on Authority's file - Documents belonging to applicant to be recovered upon application to Authority - COMPLIANCE ORDER - Compliance with implied term not to disclose confidential information and trade secrets ordered - Not to improperly use knowledge of pricing methods or database of customers - COSTS - Contribution to actual costs of $7,899 sought - No exceptional grounds for granting full costs - Costs to compensate party rather than to punish - Reasonable contribution appropriate |
| Result | Application granted ; Orders accordingly ; Compliance ordered ; Costs in favour of applicant ($1,800) ; Disbursements ($930.11) |
| Statutes | ERA s137(2);ERA Second Schedule cl10(1);ERA Second Schedule cl15 |
| Cases Cited | Hamilton City Council v Waikato Electrical Authority unreported, Hammond J, 29 September 1993, HC Hamilton, CP 21/93 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |