| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/02 |
| Hearing date | 26 Nov 2002 - 29 Nov 2002 (2 days) |
| Determination date | 05 December 2002 |
| Member | A Dumbleton |
| Representation | J McCleary ; No appearance |
| Location | Auckland |
| Parties | McAlister & Anor v Cayman Holdings Ltd |
| Other Parties | McAlister |
| Summary | INTERIM INJUNCTION - Mareva injunction - Ex-parte application - Unjustified dismissal - Alleged threat that company would be liquidated if personal grievance claim pursued - Jurisdiction of Employment Relations Authority to grant mareva injunctions - Employment Court previously acknowledged Authority's jurisdiction to order interim injunctive relief - Corresponding provision to s162 Employment Relations Act 2000 in Employment Contracts Act 1991 commonly interpreted as conferring jurisdiction to grant mareva injunctions - Various stages of dispute should be dealt with in one place for reasons of efficiency - Jurisdiction established - Arguable case established for substantive matter - Real risk assets would be dissipated - Mareva injunction granted - Direction to mediation - Managers |
| Result | Application granted ; Orders accordingly ; Referred to mediation ; Costs reserved |
| Statutes | ECA s104(1)(h);ERA s157(3);ERA s159;ERA s160(1)(f);ERA s162;ERA s234 |
| Cases Cited | Bank of New Zealand v Hawkins (1989) 1 PRNZ 451;Jerram v Franklin Veterinary Services (1977) Ltd [2001] ERNZ 157;McNaught and Ors v Predict (NZ) Ltd [1996] 2 ERNZ 546 |
| Number of Pages | 4 |
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