| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 204/07 |
| Hearing date | 27 Jun 2007 |
| Determination date | 05 July 2007 |
| Member | R Arthur |
| Representation | D McKinnon ; K Toogood QC & D France |
| Location | Auckland |
| Parties | Ellis v Transpacific Industries Group (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Respondent sought to have applicant's request for declaration on validity and enforceability of restraint of trade removed to Employment Court - Claimed matter raised important question of law relating to extent employer could legitimately protect proprietary interests with lengthy restraint of trade - Applicant agreed appropriate case to be heard by Court at first instance - Questions of law posed by respondent probably mixed questions of fact and law, but sufficiently strong factor to be influential in exercising general discretion to remove matter - Also question about whether circumstances and arrangements took matter across line of pure" employee restraint cases to something of more commercial-employee hybrid - Strong possibility of parties securing fixture in relatively short time relevant - Parties agreed to removal and practical reality meant it would certainly go to Court on challenge - Did not automatically favour removal, but taken with other factors, supported overall conclusion removal warranted - Matter removed to Court" |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA 178(2)(a);ERA s178(2)(d) |
| Cases Cited | Bierre v Diagnostic Medlab Services Ltd unreported, RA Monaghan, 10 January 2003, AA 11/03;Fletcher Aluminium Ltd v O'Sullivan [2001] ERNZ 46 ; [2001] 2 NZLR 731;Gallagher Group v Walley [1999] 1 ERNZ 490;Hanlon v International Education Foundation of (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 6 |
| PDF File Link: | aa 204_07.pdf [pdf 25 KB] |