| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 49 |
| Hearing date | 5 May 2015 |
| Determination date | 06 May 2015 |
| Member | M B Loftus |
| Representation | G Lloyd ; J Mills, E Kempkers |
| Location | Wellington |
| Parties | Vai v Goodman Fielder New Zealand Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Serious misconduct – Health and safety - Machine operator |
| Abstract | AUTHORITY FOUND –INJUNCTION: Parties disputed a number of issues concerning the actual incident, training given to employee and risk assessment. Arguable case of unjustified dismissal. Applicant in financially precarious position and would struggle financially if forced to wait until substantive hearing for remedies. Permanent reinstatement likely as applicant’s first infraction and applicant undertook that similar incidents would not occur again. Balance of convenience favoured applicant. Interim reinstatement ordered. |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Harris v Fonterra Co-Operative Group Ltd [2011] NZERA Christchurch 197;Housham v Juken New Zealand Ltd [2007] ERNZ 183 (EmpC);Klisser Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 (CA) |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Wellington_49.pdf [pdf 150 KB] |