| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 84 |
| Hearing date | 18 Aug 2014 |
| Determination date | 25 August 2014 |
| Member | M Ryan |
| Representation | P Mitchell ; L Gilmore |
| Location | Wellington |
| Parties | Thwaites v Aoyama Trading Company Ltd and Anor |
| Other Parties | Liu |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Whether applicant dismissed by being issued with trespass notices |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Arguable case applicant employed by first and / or second respondent. Little doubt that dismissal of employee effected by way of trespass notice in substitution of minimum standards of procedural fairness likely to be unjustified. Strongly arguable case applicant unjustifiably dismissed. Trespass notice issued against applicant did not prevent order for interim reinstatement being made. No evidence of serious misconduct or poor performance featuring as reasons preventing order for interim reinstatement. Considerable uncertainty about identity of applicant's employer. Reinstatement not practicable or reasonable in circumstances where applicant's objective not to return to workplace. Applicant found alternative employment. Balance of convenience favoured respondent. In all circumstances appropriate to decline application for reinstatement until after substantive determination. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA;ERA s103A;ERA s125;ERA s127(1);ERA s127(4) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] ERNZ 292;Hutton v Provencocadmus Ltd (in rec) [2012] ERNZ 566;McKean v Ports of Auckland Ltd [2011] ERNZ 311;Wellington Free Ambulance Service Inc v Adams [2010] ERNZ 128;X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_84.pdf [pdf 230 KB] |