| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 4/03 |
| Hearing date | 10 Jan 2003 |
| Determination date | 13 January 2003 |
| Member | P R Stapp |
| Representation | M Gazley (In person) ; K Binnie, S Turner |
| Location | Wellington |
| Parties | Gazley v Porirua City Council |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal proceedings - Serious misconduct - Alleged failure to obey lawful instruction - Arguable case established - Issues of credibility - Alternative remedies inappropriate as applicant genuinely sought reinstatement - Reinstatement primary remedy - Balance of convenience marginally favoured applicant - Overall justice favoured interim reinstatement - Principal building compliance officer |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Howe v The Internet Group Ltd (IHUG) [1999] 1 ERNZ 879;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 140;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |