| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 43 |
| Hearing date | 24 Apr 2015 |
| Determination date | 24 April 2015 |
| Member | Trish MacKinnon |
| Representation | P Harman ; J Ferguson |
| Location | Napier |
| Parties | Gemmell v Quality Roading & Services (WAIROA) Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Whether applicant failed to obey lawful and reasonable instructions – Whether applicant contributed to problems - Site supervisor |
| Abstract | AUTHORITY FOUND –INJUNCTION: Applicant not given sufficient time between receiving letter informing applicant of disciplinary meeting and going to meeting, as well as between two disciplinary meetings, to seek legal advice. Respondent failed to comply with company policy regarding written information given to employees between disciplinary meetings. Arguable case that applicant unjustifiably dismissed. Applicant’s behaviour contributed to problem and would be difficult for applicant to reintegrate into workplace. Balance of convenience favoured respondent. Overall justice of case favoured respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s3(a);ERA s103A ;;ERA s103A(2);ERA s125;ERA s127;ERA s127(4) |
| Cases Cited | McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Wellington_43.pdf [pdf 244 KB] |