| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 114 |
| Hearing date | 31 Oct 2014 |
| Determination date | 10 November 2014 |
| Member | T MacKinnon |
| Representation | B Buckett ; P Drummond, R Oakley |
| Location | Palmerston North |
| Parties | Banks v Hockey Manawatu Inc |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Workplace stress - Sick leave - Incapacity - Operations manager |
| Abstract | AUTHORITY FOUND -INJUNCTION: Relationship between parties difficult and unlikely to improve in near future. Applicant did not have realistic prospect of permanent reinstatement if successful. Balance of convenience did not favour reinstatement. Applicant had arguable case dismissal unjustified however reinstatement unrealistic. Work environment had negative impact on applicant. Overall justice favoured respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A(2);ERA s125;ERA s127;ERA s127(4) |
| Cases Cited | Innes-Smith v Wood [1998] 3 ERNZ 1298;Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;McKean v ports of Auckland Ltd [2011] NZEmpC 128 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Wellington_114.pdf [pdf 203 KB] |