| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 150 |
| Hearing date | 19 Jul 2013 |
| Determination date | 24 July 2013 |
| Member | C Hickey |
| Representation | C Needham ; K Chapman |
| Location | Nelson |
| Parties | Campbell v Kernohan Engineering Ltd |
| Summary | INJUNCTION – COMPLIANCE ORDER - Applicant sought interim injunction restraining respondent from carrying out disciplinary process – Applicant given letter containing multiple allegations including applicant failed to devote contracted hours exclusively to respondent’s business, used confidential information for personal gain, and failed to declare interests in transaction – Applicant diagnosed with depression – Applicant complained to Privacy Commissioner about collection of personal information from work emails – Applicant sought mediation - Whether respondent breached good faith in conducing surveillance of applicant’s work emails - General manager |
| Abstract | AUTHORITY FOUND –;INJUNCTION - COMPLIANCE ORDER: . Arguable case covert surveillance of email account breach of respondent’s obligation to act constructively and in a communicative manner. Authority’s processes and remedies available if applicant dismissed. Respondent had right to manage disciplinary process and reach decision. Balance of convenience and overall justice favoured respondent being able to continue disciplinary process. Obligation to act fairly and reasonably. Parties directed to attend mediation. Application dismissed. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s5 – ERA s129 – ERA s129(1) – ERA Part 10 - Privacy Act 1993 |
| Cases Cited | Armourguard Rescue Services Ltd v New Zealand Public Service Association Inc (1989) ERNZ Sel Cas 298;Kumar v Elizabeth Memorial Home Ltd [1998] 2 ERNZ 61;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340;Wackrow v Fonterra Co-operative Group Ltd [2004] 1 ERNZ 350;Snowden v Radio New Zealand Ltd [2004] 2 ERNZ 238 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_150.pdf [pdf 255 KB] |