| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 51 |
| Determination date | 19 February 2016 |
| Member | Rachel Larmer |
| Representation | S Mitchell ; C Pidduck |
| Location | Auckland |
| Parties | Ratu v AFFCO New Zealand Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Meat process worker |
| Abstract | AUTHORITY FOUND –INJUNCTION: Properly arguable case that applicant unjustifiably dismissed. Arguable case for reinstatement. Applicant’s financial losses and benefit to union of having applicant at work unable to be remedied by damages. Balance of convenience with applicant. Overall justice in favour of interim reinstatement. Application for interim reinstatement granted. |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4(1A) ; ERA s103A(2) ; ERA s103A(3); ERA s103A(3)(c) ; ERA s103A(3)(d) ; ERA s125 ; ERA s127 |
| Cases Cited | New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 204 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_51.pdf [pdf 169 KB] |