| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 92 |
| Hearing date | 18-Mar-16 |
| Determination date | 22 March 2016 |
| Member | Eleanor Robinson |
| Representation | S Grice ; M Beech, T Condor |
| Location | Tauranga |
| Parties | McInnes v Western Bay of Plenty District Council |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Assault - Park Ranger |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Respondent’s investigation had more than minor procedural flaws. Arguable case for unjustified dismissal. Applicant had never been involved in incidents before in his years of employment with respondent. Applicant remorseful. No indications prior to dismissal that any issues would arise with other employees so as to indicate insurmountable difficulties. Practicable and reasonable to reinstate applicant. Applicant would make every effort to re-establish positive working relationships. Balance of convenience with applicant. Overall justice favoured reinstating applicant. Application for injunctive relief granted. |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s125(2);ERA s127;ERA s127(4) |
| Cases Cited | Angus v Ports of Auckland [2011] NZEmpC 160, [2011] ERNZ 466;Cliff v Air New Zealand Ltd [2005] ERNZ 1 (EmpC);Lewis v Howick College Board of Trustees [2010] NZCA 320, (2010] 7 NZELR 539;Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480; McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312;NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) TCLR 531;X v Y Ltd and NZ Stock Exchange [1992] 1 ERNZ 863 (EmpC) |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Auckland_92.pdf [pdf 236 KB] |