| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 37/07 |
| Determination date | 09 March 2007 |
| Member | P R Stapp |
| Representation | K Elkin ; G Tayler |
| Location | Wellington |
| Parties | Credit Consultants Debt Services Ltd v Wilson and Anor |
| Other Parties | EC Credit Control Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Application for urgency – Original employment relationship problem involved enforcement of restraint of trade clause – Applicant sought injunctive relief in respect of clause – Problem also involved application for penalties including that third party allegedly aided and abetted a breach - Satisfied matter of urgency because of allegations made, time period involved, and relationship between parties – Nature of relief sought supported urgency – Important question of law likely to arise other than incidentally concerning Authority’s jurisdiction in regard to interim injunctive relief for restraint of trade provision and compliance – At very least, jurisdiction for injunctive relief rested in Employment Court – Cause of action to resolve matter lay at heart of matter – If matter filed in Court, any contemporaneous application filed in respect of claim for breach, compliance, and penalties in Authority would involve overlapping proceedings – Removal appropriate for applicant to take advantage of range of remedies available – Removal ordered |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178, ERA s178(2)(a), ERA s178(2)(d) |
| Cases Cited | Axiom Rolle PRP Valuations Services Ltd v Kapadia [2006] 1 ERNZ 639 |
| Number of Pages | 3 |
| PDF File Link: | wa 37_07.pdf [pdf 9 KB] |