| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 350 |
| Hearing date | 21 Aug 2014 |
| Determination date | 28 August 2014 |
| Member | E Robinson |
| Representation | P Barrowclough ; R Burt |
| Location | Auckland |
| Parties | Lawson v New Zealand Transport Agency |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Applicant and team responsible for co-coordinating delivery of regulatory services in relation to passenger services, including taxis - Applicant received complaint about unlicensed passenger services - Applicant advised staff not to get involved with matter - Complainant sought support from NZTA at disputes tribunal - Applicant advised staff not required to attend unless summoned - Applicant then appeared at disputes tribunal and gave evidence in support of other party (VHF") - Complainant submitted complaint to NZTA that applicant acted corruptly - Respondent conducted review - Respondent alleged applicant did not receive official summons - Alleged personal relationship with VH - Dismissed for serious misconduct on basis applicant destroyed trust and confidence - Principal transport officer" |
| Abstract | AUTHORITY FOUND -;INJUNCTION - Arguable case for unjustified dismissal but more than theoretical risk applicant would fail to obtain permanent reinstatement due to contributory conduct. No strong argument for permanent reinstatement. Balance of convenience favoured respondent. Overall justice of case supports declining application for interim reinstatement. Application for interim reinstatement dismissed. |
| Result | Application dismissed; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s4(1A)(c);ERA s103A;ERA s125(2);ERA s127;ERA s127(4);Land Transport Act 1998;Official Information Act 1982 |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160; (2011) 9 NZELC 94,015; [2011] ERNZ 466;Cliff v Air New Zealand Ltd [2005] ERNZ 1;McKean v Ports of Auckland Ltd [2011] NZEmpC 128;NZ Public Service Association v Ministry of Agriculture and Fisheries [1991] 3 ERNZ 1053;X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 17 |
| PDF File Link: | 2014_NZERA_Auckland_350.pdf [pdf 237 KB] |