| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 88 |
| Hearing date | 30 Jun 2015 |
| Determination date | 02 July 2015 |
| Member | H Doyle |
| Representation | P O'Sullivan (in person) ; H Young |
| Location | Invercargill |
| Parties | O'Sullivan v Southland YMCA Education Ltd |
| Summary | INJUNCTION – Applicant sought order for interim reinstatement – Whether arguable case that applicant’s redundancy genuine - Literacy Specialist and Internal Moderator |
| Abstract | AUTHORITY FOUND –INJUNCTION: Arguable that new position did involve similar tasks to applicant’s role and applicant should have been permitted to contest position, or at least should have been provided with job description and consulted before decision made. Arguable that new position is not sufficiently from applicant’s role. Arguable that applicant not provided with sufficient information about basis for redundancy. Arguable that applicant unfairly not permitted to work through notice period. Arguable case of unjustified dismissal. Respondent put forward evidence of applicant’s negative comments regarding other employees of respondent. Arguable but not strongly arguable case for permanent reinstatement. Other remedies could be adequate compensation. New position full-time, while applicant worked part-time, so reinstatement would displace other employee. Balance of convenience favoured respondent. Overall justice favoured respondent. Not reasonable or practical to order reinstatement. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s125 |
| Cases Cited | X v Y Ltd [1992] 1 ERNZ 863 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Christchurch_88.pdf [pdf 167 KB] |