Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 216A/10
Hearing date 24 Nov 2010
Determination date 09 December 2010
Member J Crichton
Representation L Brook ; A Shaw
Location Christchurch
Parties Blincoe v PGG Wrightson Ltd
Summary CONSENT ORDER – Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent accepted exercised discretion under employment agreement not to invoke restraint of trade provisions – Applicant acknowledged no consideration would be paid during period in which restraint of trade would have otherwise operated – Applicant accepted that, but for respondent exercising its discretion, restraint of trade provisions would otherwise be reasonable and therefore enforceable, if modified by Authority pursuant to s8 Illegal Contracts Act 1970 - Applicant withdrew unjustified disadvantage claim - Parties resolved costs between themselves
Result Consent order granted ; Orders accordingly ; No order for costs
Main Category Consent Order
Statutes ERA s103(1)(b);Illegal Contracts Act 1970 s8
Number of Pages 2
PDF File Link: ca 216a_10.pdf [pdf 13 KB]