| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 227 |
| Hearing date | 28 Oct 2013 |
| Determination date | 01 November 2013 |
| Member | H Doyle |
| Representation | F McMillan ; P Zwart |
| Parties | Perry v The Commissioner of Our Lady of Victories School |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Applicant suspended - Whether Authority could grant interim reinstatement where no substantive claim for permanent relief - Investigation found applicant largely responsible for departure of pupils and staff and failed to take sufficient action to prevent existing and prospective departures - Issues with professional leadership and community engagement - Alleged misrepresentation regarding staff resignation - Whether actions amounted to serious misconduct - Principal |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Application for interim injunction did not necessarily require pleading of permanent injunction but the need for justification of such an injunction. Appropriate for Authority to determine matter. Arguable case suspension unjustified. Damages not appropriate remedy. Balance of convenience favoured applicant. Overall justice required interim injunction. Application for interim reinstatement granted. |
| Result | Application granted; Costs reserved |
| Main Category | Injunction |
| Statutes | EAR r5 - Education Act 1989 s78N(1) - Education Act 1989 s78N(2) |
| Cases Cited | Dr X v A District Health Board [2012] NZERA Christchurch 130;Harvest Bakeries Ltd v Klissers Farmhouse Bakers Ltd [1985] 2 NZLR 129;New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2008] ERNZ 196 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Christchurch_227.pdf [pdf 185 KB] |