| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 97 |
| Hearing date | 24-Sep-15 |
| Determination date | 08 October 2015 |
| Member | Michele Ryan |
| Representation | T Sissons ; T Kennedy |
| Location | Wellington |
| Parties | Paurini v Wellington Institute Of Technology |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Discrimination on grounds of disability - Academic Consultant |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Need for Authority to determine whether respondent aware of applicant’s disability and whether respondent should have allowed applicant to resign in circumstances where respondent could not reasonably have relied on it. Arguable case of unjustified dismissal. Respondent’s self-imposed management decision to subsume applicant’s role into other positions not sufficient to resist application for interim reinstatement. Respondent failed to explain why it would not be practical or reasonable for applicant to be reinstated. Since substantive investigation meeting scheduled shortly after interim reinstatement hearing, interim reinstatement could be highly disruptive for respondent as reinstatement could be fleeting. Balance of convenience with respondent. Overall justice with respondent. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Wellington_97.pdf [pdf 197 KB] |