| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 331 |
| Hearing date | 30 Jul 2013 |
| Determination date | 09 August 2013 |
| Member | J Crichton |
| Representation | M Osmond ; R Harrison |
| Location | Auckland |
| Parties | A v B |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Criminal charges – Respondent provided with information via anonymous phone calls – Whether respondent interfered with applicant’s right to presumption of innocence and right to silence in face of criminal allegations – Whether agreement applicant would keep respondent informed of progress – Applicant failed to engage with respondent – Whether risk of reputational damage to respondent |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Authority ordered non-publication of parties’ identities. Parties accepted applicant had arguable case. Complete breakdown in trust and confidence between parties contributed to by applicant’s failure to engage with respondent appropriately. Reinstatement not practicable and reasonable. Balance of convenience favoured respondent. Applicant consistently failed to fulfil obligations as good employee. Overall justice of case favoured respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | Companies Act 1993 s380;Crimes Act 1961 s228;ERA s4;ERA s125(2);ERA s127;ERA s127(4);ERA s127(5);ERA Second Schedule cl10(1) |
| Cases Cited | Cliff v Air New Zealand Ltd [2005] ERNZ 1 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_331.pdf [pdf 248 KB] |