| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 31 |
| Hearing date | 26 Mar 2015 |
| Determination date | 27 March 2015 |
| Member | Trish MacKinnon |
| Representation | P Cranney, F Fitsimons ; C McGuinness |
| Location | Wellington |
| Parties | Bennet v Hutt City Council |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Drug testing - Reasonable cause - Investigation carried out regarding drug use at work - Applicant admitted smoking cannabis on occasion in personal time - Applicant drug tested after return from annual leave - Operations manager |
| Abstract | AUTHORITY FOUND -INJUNCTION: Arguable applicant asked to take drug test in circumstances where respondent did not have reasonable cause. Arguable case applicant unjustifiably dismissed and for permanent reinstatement. Balance of convenience favoured applicant. Application for interim reinstatement granted. |
| Result | Application granted; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s3(a);ERA s103A;ERA s103A(2);ERA s125;ERA s127;ERA s127(4) |
| Cases Cited | Auckland District Health Board v X (No 1) [2005] ERNZ 487 (EmpC);McKean v Ports of Auckland Ltd [2011] ERNZ 312, [2011] NZEmpC 128;Parker v Silver Fern Farms Ltd [2009] ERNZ 301[EmpC] |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Wellington_31.pdf [pdf 245 KB] |