| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 268/02 |
| Hearing date | 4 Sep 2002 |
| Determination date | 06 September 2002 |
| Member | A Dumbleton |
| Representation | R McCabe ; K Peterson |
| Location | Auckland |
| Parties | Robertson v Simuflight |
| Summary | INTERIM INJUNCTION - Interim reinstatement - Unjustified dismissal - Unjustified disadvantage - Alleged unlawful demotion - Alleged safety concerns - Arguable case - Demotion without consultation - Questionable whether misconduct sufficiently serious - Balance of convenience favoured applicant - Needed to maintain flying hours to attain qualification - Safety concerns debatable - Interests of justice favoured reinstatement - Chief flying instructor |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Statutes | Civil Aviation Act 1990 s26(1)(A) |
| Cases Cited | McKay v Order of St John Northern Region (South Island) Trust Board [1999] 1 ERNZ 519 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |