| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 162 |
| Hearing date | 18 Dec 2013 |
| Determination date | 19 December 2013 |
| Member | G J Wood |
| Representation | R Harrison ; K Rikihana |
| Location | Wellington |
| Parties | Johnson v The Board of Trustees of Te Kura Kaupapa Maori O Nga Mokopuna |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Alleged serious misconduct - Issues involved applicant's absence during earthquake - Union wrote to Board to attempt to resolve issues - No response from Board and applicant later dismissed without further consultation - Applicant claimed issues performance related not serious misconduct - Principal |
| Abstract | AUTHORITY FOUND -;INJUNCTION - Matters raised by Board did not involve serious misconduct. Applicant undertook steps to revive relationship. Strong arguable case for permanent reinstatement although opposed by Board and many staff. Minimal inconvenience if applicant reinstated. Applicant most likely unjustifiably dismissed. Overall justice favoured applicant. Applicant to be reinstated to payroll only. Application for interim reinstatement granted. |
| Result | Application granted; No order for costs |
| Main Category | Injunction |
| Statutes | ERA s103A |
| Cases Cited | Hobday v Timaru Girls' High School Board of Trustees [1994] 1 ERNZ 724;Lewis v Howick College Board of Trustees [2010] NZEmpC 4;Melville v Chatham Island Council [1999] 2 ERNZ 76;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;Wellington Free Ambulance Service Inc v Adams [2010] NZEMPC 59 |
| Number of Pages | 17 |
| PDF File Link: | 2013_NZERA_Wellington_162.pdf [pdf 223 KB] |