| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 39 |
| Hearing date | 31-Mar-16 |
| Determination date | 04 April 2016 |
| Member | Christine Hickey |
| Representation | P Cranney ; C Blake |
| Location | Christchurch |
| Parties | Mealing v DB Breweries Ltd |
| Summary | INJUNCTION – Applicant sought interim reinstatement – Breach of health and safety - Forklift operator |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Arguable that respondent’s investigation inadequate, some adverse information not put to applicant, some relevant information not taken into account and disparity of treatment with others involved. Arguable case of unjustified dismissal. Applicant had no history of contravening health and safety policy. Incident arguably one-off. Arguable case for permanent reinstatement. Potential injustice if interim reinstatement not granted as applicant sole breadwinner for family. Monetary damages not sufficient remedy. No evidence that colleagues would have problem working with applicant. Overall justice favoured interim reinstatement. Application for interim reinstatement granted. |
| Result | Application granted ; Reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4;ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A(2);ERA s103A(3);ERA s103A(3)(a);ERA s127;ERA s127(2) |
| Cases Cited | Cliff v Air New Zealand Ltd [2005] ERNZ 1 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Christchurch_39.pdf [pdf 263 KB] |