| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 466 |
| Hearing date | 19 Aug 2011 |
| Determination date | 28 October 2011 |
| Member | D King |
| Representation | D Erickson ; G Stone |
| Location | Auckland |
| Parties | Transpacific Industries Group (NZ) Ltd v Harris and Anor |
| Other Parties | Smart Environmental Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought removal on basis important question of law likely to arise – Question was enforceability of restrictive covenants contained in first respondent’s employment agreement – Authority issued earlier determination finding restraint of trade in first respondent’s employment agreement unenforceable and obliged to follow EC case – Applicant claimed in light of Authority’s finding that bound by EC case Authority would almost certainly find against applicant in relation to enforceability of restrictive covenants – Applicant claimed likelihood proceedings ultimately required determination by EC strong factor favouring removal – Respondent claimed issue straightforward interpretation of contractual term – Respondent claimed consequences of answer to issue would not be of major significance to employment law generally – Authority found enforceability of restrictive covenants question of law but not persuaded warranted removal to EC – Found decision on question of law would not affect large numbers of employees or employers or be of major significance to employment law generally – Application for removal declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a) |
| Cases Cited | Green v Transpacific Industries Group (NZ) Ltd [2011] NZEmpC 6;Hanlon v International Educational Foundation (NZ) Inc [1995] ERNZ 1;NZ Tramways and Public Passenger Transport Employees Union v Wellington City Transport Ltd [2011] NZEmpC 78;Transpacific Industries Group (NZ) Ltd v Harris [2011] NZERA Auckland 267 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_466.pdf [pdf 16 KB] |