| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 73 |
| Hearing date | 16 Apr 2014 |
| Determination date | 05 May 2014 |
| Member | M B Loftus |
| Representation | P Cranney ; B Dorking |
| Location | Dunedin |
| Parties | B v Professor Harlene Hayne, Vice Chancellor of University of Otago |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension and final written warning - Whether final written warning relied on information obtained contrary to District Court (DC") suppression order - Whether reasonable to use information obtained contrary to DC order - DC discharged applicant without conviction and suppressed applicant's identity and details of offending" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Authority ordered non-publication of applicant's identity. Suppressed material no longer existed, could not be used and should not be used if use prohibited. Even if suppress" interpreted in light of Criminal Procedure Act 2011, manager provided narrative of what occurred in DC and published account by communication to others in formal manner. Respondent's use of information contrary to DC order. Jurisdiction to deal with proceeding related to offence largely conferred upon DC. DC concluded no penalty appropriate and applicant's identity to be suppressed to protect applicant's employment. Not fair and reasonable for respondent to ignore DC's comments. Four months to finalise issue inordinately long and unreasonable. Applicant unjustifiably disadvantaged by final written warning. Applicant not unjustifiably disadvantaged by suspension. REMEDIES: Leave reserved for parties to return to Authority if unable to agree on remedies." |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Criminal Procedure Act 2011;Criminal Procedure Act 2011 s9(1);Criminal Procedure Act 2011 s200;Criminal Procedure Act 2011 s205 |
| Cases Cited | R v Paterson [1992] 1 NZLR 45;Ravnjak v Wellington International Airport Ltd [2011] ERNZ 32 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_73.pdf [pdf 151 KB] |