| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 168 |
| Hearing date | 13 Aug 2013 |
| Determination date | 16 August 2013 |
| Member | H Doyle |
| Representation | L Acland ; K Chapman |
| Location | Nelson |
| Parties | Jay v Manuka Community House Inc |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Whether applicant left child in solitary confinement – Whether applicant bullied teacher – Whether discrepancies between time applicant rostered to interact with children and actual time applicant interacted with children – Whether applicant appointed staff member without authorisation – Threats of resignations if applicant reinstated – Head teacher / Centre manager |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Arguable decision to dismiss applicant not made by correct person. Arguable applicant did not understand nature of allegation about time spent interacting with children as concerning whether applicant made wrongful claims for funding. Arguably unfair for respondent not to bring complaint about applicant’s time spent interacting with children to applicant’s attention immediately and arguable investigation insufficient and / or not all information provided to applicant. Arguably unfair that meeting to discuss preliminary outcome changed to written response and arguable whether fair and reasonable employer could dismiss applicant. Applicant had arguable case for unjustified dismissal and tenably arguable case for permanent reinstatement. Hardship to applicant if not reinstated but also likelihood of resignations if applicant reinstated. Potential for very real difficulties for applicant working with certain employees and not clear whether appropriate pathways would exist for issues to be raised and resolved quickly should conflict arise. Balance of convenience favoured respondent. Overall justice of case favoured respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | Education Act 1989;Education (Early Childhood Centres) Regulations 1998;ERA;ERA s103A(3);Incorporated Societies Act 1908 |
| Cases Cited | Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_168.pdf [pdf 134 KB] |