| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 340/02 |
| Hearing date | 18 Nov 2002 |
| Determination date | 22 November 2002 |
| Member | A Dumbleton |
| Representation | R Harrison ; J Latimer |
| Location | Auckland |
| Parties | Goldstone v Cogent Communications Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Dismissed for bullying style of leadership - Whether conduct amounted to misconduct justifying summary dismissal or poor performance justifying dismissal on notice - Arguable case made out - Financial hardship to applicant - Possible that hardship only deferred - Substantial risk of harm to respondent if applicant reinstated given nature of alleged misconduct - Authority could attach conditions to reinstatement which did not detract from nature and purpose of reinstatement - Balance of convenience favoured no party over the other - Applicant's case not strong - Unlikely to obtain order for permanent reinstatement - Sufficient evidence that applicant caused damage to relationship of trust and confidence - Overall justice of case favoured declining order of interim reinstatement - Directed to mediation - Sales manager |
| Result | Application dismissed ; Parties referred to mediation ; Costs reserved |
| Statutes | ERA s127;ERA s127(5) |
| Cases Cited | Abell v Hoyts Cinemas (NZ) Ltd unreported, Palmer J, 15 June 1998, CC 17/98;McKay v Order of St John Northern Region (South Island) Trust Board [1999] 1 ERNZ 519 |
| Number of Pages | 6 |
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