| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 7 |
| Hearing date | 23 Jan 2015 |
| Determination date | 28 January 2015 |
| Member | H Doyle |
| Representation | T Twomey ; R Gibson |
| Location | Christchurch |
| Parties | Gibbs v The Vice-Chancellor of Lincoln University |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Redundancy - Applicant claimed selection for redundancy based on incorrect understanding of teaching hours and specialist teaching capacity - Concerns over selection criteria and how it was applied - Applicant claimed incorrect assessment and ranking of staff - Applicant claimed timeframe of process impacted availability to provide feedback - Whether permanent reinstatement practicable if no position - Senior lecturer |
| Abstract | AUTHORITY FOUND -INJUNCTION: Arguable applicant may have been disadvantaged by absence of panel member with specialist experience in the animal science department. Arguable selection criteria incorrectly applied. Respondent did not adequately respondent to applicant's request for information on scoring. Arguable assessment and ranking of staff unfair and unreasonable. Potentially arguable case about timing of process. Arguable case for unjustified dismissal. Arguable permanent reinstatement would be practicable and reasonable. Possible grievance could not be adequately remedied by monetary award. Balance of convenience favoured applicant. Overall justice favoured interim reinstatement. Undertaking as to damages. Application for interim reinstatement granted. |
| Result | Application granted; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4;ERA s103A;ERA s125;ERA s125(2) |
| Cases Cited | Madar v P & O Services Ltd [1999] 2 ERNZ 174 (CA);X v Y Ltd [1992] 1 ERNZ 863 (EmpC) |
| Number of Pages | 18 |
| PDF File Link: | 2015_NZERA_Christchurch_7.pdf [pdf 215 KB] |