| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 381 |
| Determination date | 07 December 2015 |
| Member | Anna Fitzgibbon |
| Representation | K Cleaver (in person) ; M Dearing |
| Location | Auckland |
| Parties | Cleaver v Pavlovich Coachlines Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Bus Driver |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Respondent may have taken into account unjustified warning when making decision to dismiss. Arguable case of unjustified dismissal. Very difficult for respondent to reinstate respondent as applicant’s refusal to comply with instructions could jeopardise respondent’s contract to carry buses. Applicant could be justly compensated by financial remedies without interim reinstatement. Balance of convenience with respondent. Weak case for unjustified dismissal. Overall justice with respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127 |
| Cases Cited | NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90;Wellington Free Ambulance Service Inc v Austing [2015] NZEmpC 164 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_381.pdf [pdf 180 KB] |