| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 282 |
| Hearing date | 14-Sep-15 |
| Determination date | 17 September 2015 |
| Member | Vicki Campbell |
| Representation | S Corlett ; J Rooney |
| Location | Auckland |
| Parties | Ifraz v The Chief Executive Of The Department Of Corrections |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought non-publication of identifying details of employees – INJUNCTION – Applicant sought interim reinstatement – Principal corrections officer |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM - PRACTICE AND PROCEDURE: Employees involved likely to be called as witnesses. Better to suppress details than risk adverse effects on people involved. Application for non-publication order granted. Orders made accordingly.;INJUNCTION: Serious questions to be determined regarding procedural failures, whether applicant in supervisory or management role with employee with whom applicant had affair (X), whether any unjustifiable disparity and whether reasonable for respondent to love trust and confidence. Arguable case of unjustified dismissal. Applicant would have to be reinstated at different prison or have other employees, including X, moved to other prisons. If applicant transferred, would have to undergo induction and prison would have to change roster, which could cause resentment. Respondent claimed applicant would need to be closely supervised and that applicant untrustworthy. Balance of convenience with respondent. If applicant reinstated on interim but not permanent basis, unlikely able to adequately compensate respondent for any damages associated with interim reinstatement. Due to unique nature of prison environment and high level of trust needed with all employees, overall justice with respondent. Application for interim reinstatement dismissed. |
| Result | Application granted (counterclaim-practice and procedure) ; Orders made ; Application dismissed (injunction) ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s174E;ERA Second Schedule cl10(1) |
| Cases Cited | Cliff v Air New Zealand Ltd [2006] ERNZ 694 (EmpC);H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38;X v Y Ltd [1992] 1 ERNZ 863 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_282.pdf [pdf 167 KB] |