| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 40/01 |
| Determination date | 04 May 2001 |
| Member | J Wilson |
| Representation | P Grace ; R Clark |
| Location | Auckland |
| Parties | Franklin Veterinary Services (1977) Ltd v Jerram |
| Summary | INTERIM INJUNCTION - Applicant resigned from veterinary clinic - Offer of employment from competitor - Arguable case that intention to breach restraint of trade and confidentiality provisions - Arguable case whether restraint of trade clause was enforceable - No adequate alternative remedy available - Potential breach might have caused centre to close - Substantial loss to respondent and loss of employment for staff - Potential losses not recoverable by way of damages - Injunction required respondent to comply with terms of contract - Balance of convenience lay with issuing injunction - Respondent not inconvenienced by injunction whereas injunction may have avoided closure of clinic - Overall justice favoured injunction - Interim injunction ordered - Veterinarian |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Cases Cited | Grey Advertising (New Zealand) Ltd v Marinkovich [1999] 2 ERNZ 844;Madar v P&O Services (NZ) Ltd [1999] 2 ERNZ 115 |
| Number of Pages | 8 |
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