| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 448/10 |
| Hearing date | 27 Jul 2010 |
| Determination date | 18 October 2010 |
| Member | D King |
| Representation | L Foley ; D Jones (in person) |
| Location | Taupo |
| Parties | Ian Ward Electrical Ltd v Jones |
| Summary | COMPLIANCE ORDER – PENALTY – Applicant sought compliance with employment agreement (“EA”) – Respondent’s wife registered electrical company – Applicant claimed respondent attempted to solicit existing customers in breach of EA – Authority found restraint period expired and no evidence respondent solicited customers – Found evidence insufficient to warrant compliance order or account of profit or damages – Respondent employee of wife’s company – Applicant sought compliance order preventing respondent from operating company within specified distance – Found respondent did not operate company – Found no proprietary interest and restraint clause unreasonable – Found clause unenforceable – Compliance order declined – No penalty |
| Result | Application dismissed ; No order for costs |
| Main Category | Compliance Order |
| Number of Pages | 4 |
| PDF File Link: | aa 448_10.pdf [pdf 14 KB] |