| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 6 |
| Hearing date | 15-Jan-16 |
| Determination date | 18 January 2016 |
| Member | Trish MacKinnon |
| Representation | F Hills ; B Scotland |
| Location | Wellington |
| Parties | Hutchins v Chief Executive Inland Revennue Dept. |
| Summary | INJUNCTION – Applicant sought interim order for respondent’s consent to working overseas while on approved leave without pay (“LWOP”) – ESTOPPEL – Applicant claimed respondent estopped from withholding consent – Manager |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Applicant had arguable case for injunction. Respondent’s exercise of discretion nugatory if interim order successful but personal grievance claims unsuccessful. Applicant gambled on success of interim relief. Applicant not precluded from seeking approved alternative employment. Financial remedies available to applicant if substantive investigation successful. Balance of convenience favoured respondent. Application for interim order dismissed.;ESTOPPEL: Applicant did not believe respondent accepted LWOP conditions included similar work. Applicant accepted overseas offer after respondent rejected request. Respondent not estopped from withholding consent. Application dismissed. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s137;State Sector Act 1988;Tax Administration Act 1994 |
| Cases Cited | Harris v TSNZ Pulp and Paper Maintenance Ltd [2015] NZEmpC 43;X v Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 (EmpC);Bracewell v Richmond Services Ltd [2013] NZEmpC 245 |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Wellington_6.pdf [pdf 194 KB] |