| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 184 |
| Hearing date | 14 Nov 2011 - 15 Nov 2011 (2 days) |
| Determination date | 18 November 2011 |
| Member | J Crichton |
| Representation | T Kennedy ; A Drake, R Childs |
| Location | Wellington |
| Parties | Hepburn v Huhtamaki Henderson Ltd |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Applicant granted two weeks sick leave to recover health – Respondent claimed applicant obtained sick leave by dishonest means – Applicant dismissed – Authority found reinstatement no longer primary remedy – Found Parliament’s intention was to make it more difficult for employees to obtain reinstatement – Found new test of justification designed to make it easier for employers to justify dismissal – Found reinstatement must be both practicable and reasonable – Found applicant’s senior manager colleagues no longer trusted applicant – Found close working relationships damaged beyond repair – Found reinstatement unreasonable and impracticable – Found applicant could have arguable case for personal grievance – Applicant claimed health and wellbeing would suffer if kept away from work as well as financial circumstances – Found applicant could not be reasonably and practicably reinstated to position so argument for balance of convenience fell away – Found balance of convenience favoured respondent – Found damages alternative remedy – Found damages would address applicant’s financial concerns – Found no evidence to suggest damage to applicant’s reputation – Found overall justice lay with respondent – Area Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s125;ERA s125(2);ERA s127(4);Employment Relations Amendment Act 2010 s16 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |