| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 71/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 07 May 2007 |
| Member | D Asher |
| Representation | G Rossiter ; G O'Sullivan |
| Location | Wellington |
| Parties | Fenerty v Max Tarr Industrial Ltd |
| Summary | RESTRAINT OF TRADE - Applicant sought declaration restraint of trade not part of employment agreement - Alternatively, declaration clause void and unenforceable - When applicant gave notice, respondent pointed out restraint that applied to significant or regular clients - Applicant checked his copy of employment agreement and found relevant page unreadable due to photocopy misfeed - No issues arose in respect of defective page as applicant accepted read and signed clear copy of agreement - New employer within scope of clause - No evidence applicant used position with respondent to undermine its relationship or good will with new employer - Applicant not respondent's exclusive representative for new employer and relationship of limited duration - Unlimited geography of restraint could be ignored as location unchanged - 12 month duration excessive - Applicant not specialist and employed under generic employment agreement - Duration amended to three months - Applicant not to undertake duties for new employer that he performed for respondent for three months from date commenced new employment - Industrial tradesman |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Restraint of Trade |
| Cases Cited | Cain v Turners and Growers Fresh Ltd [1998] 3 ERNZ 314;Force Four NZ Ltd v Curtling [1994] 1 ERNZ 542;Fuel Espresso Ltd v Hsieh [2007] 2 NZLR 651;Radio Horowhenua Ltd v Bradley [1993] 2 ERNZ 1085 |
| Number of Pages | 7 |
| PDF File Link: | wa 71_07.pdf [pdf 26 KB] |