| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 4 |
| Hearing date | 21-Dec-16 |
| Determination date | 01 February 2017 |
| Member | M Loftus |
| Representation | G Lloyd ; D Traylor |
| Location | Wellington |
| Parties | Martin v Accident Compensation Corporation |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Medical Specialist |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Applicant raised concerns about performance management process and questions about underlying rationale for the respondent’s dissatisfaction and whether or not age discrimination played a part. Applicant had arguable case for unjustified dismissal. Applicant not far from retirement and probable that permanent reinstatement may never be addressed therefore financial compensation viable alternative to reinstatement. Possible risk to respondent’s clientele if reinstatement occurs. Applicant’s pending retirement raises possibility of subsequent withdrawal of substantive claim. Balance of convenience strongly favours not granting reinstatement. Overall justice favours respondent. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | Graham v Airways Corporation of New Zealand Ltd ERA Auckland AA99/03, 11 April 2003;Harrison v Gough Gough and Hamer Ltd EmpC Auckland AEC24/96, 23 May 1996;Harvest Bakeries Ltd v Klissers Farmhouse Bakers Ltd [1985] 2 NZLR 129 (CA);Tasman Industries Ltd v Delmonte [2012] NZERA Auckland 91;Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_4.pdf [pdf 167 KB] |