| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 218 |
| Determination date | 23 May 2011 |
| Member | A Dumbleton |
| Representation | C Patterson ; A Gallie |
| Location | Auckland |
| Parties | Hally Labels Ltd v Powell |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority previously declined applicant’s application for interim injunction to prevent respondent from breaching restraint of trade provision in employment agreement – Respondent had purported to cancel restraint provision pursuant to s7 Contractual Remedies Act 1979 on grounds consideration for provision not paid - EC dismissed applicant’s de novo challenge – Investigation meeting into applicant’s other remedies to be held shortly – Parties sought to have all matters removed to EC - Parties claimed important questions of law likely to arise other than incidentally - Whether principle that where contract silent as to time of completion of payment there was requirement under which party would not be allowed to treat contract as having come to an end without giving notice stipulating certain time for performance applied to restraint of trade provisions in employment agreements - If consideration payable for restraint of trade, whether time for payment should impliedly be considered to be essential term of agreement - Authority found were important questions of law likely to arise other than incidentally – Application granted - Matter removed to EC - Business Development Manager |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Contractual Remedies Act 1979 s7;ERA s178 |
| Cases Cited | Hally Labels Ltd v Powell [2011] NZERA Auckland 181;Hally Labels Ltd v Powell [2011] NZEMPC 43 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_218.pdf [pdf 17 KB] |