| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 23 |
| Hearing date | 4 Feb 2014 |
| Determination date | 10 February 2014 |
| Member | H Doyle |
| Representation | S Anderson ; R Harris |
| Location | Dunedin |
| Parties | Hobbs v St Clair Golf Club Inc |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Allegations of dishonesty - Allegation applicant asked co-worker to carry out work for applicant during respondent's working hours and instructed co-worker to falsify time sheets - Allegation applicant ordered equipment but requested salesman falsify description on invoice - Course superintendent |
| Abstract | Most parts of allegations put to applicant but respondent could have further investigated whether respondent paid co-worker for work done for applicant on more than one occasion. If allegation that applicant bought equipment for own business this should have been put to applicant. Applicant had arguable case for unjustified dismissal but only by small margin. Likely applicant contributed towards situation. Reinstatement not practicable nor reasonable. Balance of convenience favoured respondent. Overall justice required application be declined. Application for interim reinstatement dismissed. |
| Result | Application dismissed; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA - ERA s103A - ERA s103(A)(3) - ERA s125 - ERA s125(2) - ERA s127 |
| Cases Cited | Harvest Bakeries Ltd v Klissers Farmhouse Bakers Ltd [1985] 2 NZLR 129;Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 16 |
| PDF File Link: | 2014_NZERA_Christchurch_23.pdf [pdf 218 KB] |