| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 99 |
| Hearing date | 25 Mar 2015 |
| Determination date | 30 March 2015 |
| Member | E Robinson |
| Representation | S Greening ; A Drake |
| Location | Auckland |
| Parties | C v D |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Sexual harassment - Applicant and complainant resolved several work matters at meeting - Applicant kissed complainant on cheek to express he was glad matters had been resolved - CEO |
| Abstract | AUTHORITY FOUND -INJUNCTION: Authority ordered non publication of parties' names. Respondent's offer of mediation between applicant and complainant suggested trust and confidence in applicant not lost. Arguable case for unjustified dismissal. No evidence issues between applicant and rest of management team. Applicant expressed remorse. Extensive recruitment process followed to appoint applicant and applicant's skills and abilities would not be easy to replace. Arguable case for interim reinstatement. Balance of convenience and overall justice favoured applicant. Application for interim reinstatement granted. |
| Result | Application granted; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A;ERA s125(2);ERA s127;ERA Secon Schedule cl10(1) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Cliff v Air New Zealand [2005] ERNZ 1 (EmpC);Davis v Ports of Auckland Ltd [1991] 3 ERNZ 475 (EmpC);De Bruin v Canterbury District Health Board [2012] NZEmpC 110;Harris v The Warehouse Ltd [2014] NZEmpC 188;Lewis v Howick College Board of Trustees [2010] NZCA 320;X v Y Ltd [1992] 1 ERNZ 863 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_99.pdf [pdf 237 KB] |