| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 254 |
| Hearing date | 10 Dec 2013 |
| Determination date | 11 December 2013 |
| Member | M B Loftus |
| Representation | F McMillan ; D Sim, I Broadbent |
| Location | Dunedin |
| Parties | Campbell v The Commissioner of Salford School |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Applicant advised of anonymous complaints – Whether applicant given details of complaints – Investigator recommended Board introduce performance improvement strategies – Board requested Ministry of Education appoint Limited Statutory Manager (‘LSM’) – Alleged predetermination - Further complaint received about applicant’s treatment of staff – Board conducted staff survey – Number of staff actively seeking alternate employment – Applicant raised personal grievance – Whether Board used personal grievance to reconsider past issues – Board commenced investigation – Entire Board resigned – LSM received letter from investigators stating concerns with applicant widespread and serious – Applicant suspended pending resolution of investigation – Applicant sought to return in time for final assembly - Principal |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Parties disagreed about almost everything. Arguable case and high probability of success if assertions have foundation. Adequate alternative remedy available. Applicant avoided inappropriate reaction against complainants. Evidence staff considered applicant’s behaviour ameliorated. Unlikely appropriate measures could be put in place for applicant to return in time for final assembly. Substantive investigation may be complete before school returned from break. Parties better served by putting effort into completing substantive investigation. Balance of convenience favoured respondent. Overall justice favoured respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | Education Act 1989 - Education Act 1989 s78N - Education Act 1989 s78O |
| Cases Cited | Gazeley v Oceania Group (NZ) Limited [2012] NZEmpC 8;Harvest Bakeries Ltd v Klissers Farmhouse Bakers Ltd [1985] 2 NZLR 129 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_254.pdf [pdf 175 KB] |