| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 111 |
| Hearing date | 11 Jun 2013 |
| Determination date | 14 June 2013 |
| Member | C Hickey |
| Representation | P Radich, Luke Radich ; M Hardy-Jones |
| Location | Christchurch |
| Parties | Landon-Lane v Annies Marlborough Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Applicant suffered on going effects from previous brain injury – Respondent aware of injury when applicant employed – Following sexual assault on applicant responsibilities of applicant changed to consider applicant’s increased emotional liability - Applicant accused of “extreme absenteeism” due to sick leave – Respondent suggested counselling and requested report on whether applicant fit to work – Alleged applicant aggressive and used abusive language - Applicant suspended – Respondent concluded applicant’s behaviour put applicant and others at risk and applicant dismissed - Cleaner |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Arguable case applicant unjustifiably dismissed and strong case respondent failed to follow fair process. Reasonable to reinstate applicant if appropriate safeguards and conditions put in place. Balance of convenience and overall justice favoured reinstatement. Reinstatement conditional on medical clearance. Application for interim reinstatement granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A – ERA s103A(5) – ERA s125 - ERA s127 - ERA s127(2) |
| Cases Cited | McKean v Ports of Auckland Ltd [2011] NZEmpC 128;Cliff v Air New Zealand Ltd [2005] ERNZ 1;Gazeley v Oceania Group (NZ) Limited [2012] NZEmpC 8;Lewis v Howick College Board of Trustees [2010] NZCA 320;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414;X v Y Ltd and NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Christchurch_111.pdf [pdf 269 KB] |