| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 222 |
| Determination date | 04 July 2016 |
| Member | Rachel Larmer |
| Representation | RV Robertshaw (in person) ; G Bingham |
| Location | Auckland |
| Parties | Robertshaw v Bay of Plenty District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s disciplinary process and breach of contractual obligations – INJUNCTION – Applicant sought interim injunction restraining respondent’s chief executive from acting on dismissal recommendation – Radiology systems administrator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE: Compelling public interest for respondent to continue disciplinary process. Balance of convenience favours respondent. Applicant has right to pursue employment relationship problem if unhappy with outcome. Overall justice favours respondent. No unjustified disadvantage.;INJUNCTION: Interim injunction would restrain respondent carrying out right as employer to complete ongoing disciplinary process. Inappropriate to issue injunction. Application for injunctive relief dismissed. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety at Work Act 2015;Protected Disclosures Act 2000 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Auckland_222.pdf [pdf 231 KB] |