| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 80 |
| Hearing date | 13-Mar-17 |
| Determination date | 23 March 2017 |
| Member | R Arthur |
| Representation | S Mitchell, J Lynch ; J Mills, K Patterson |
| Location | Auckland |
| Parties | Findlay v Ports of Auckland Ltd |
| Summary | INJUNCTION - Whether disciplinary process should be postponed until Authority can investigate and determine whether applicant unjustifiably disadvantaged by employer’s allegations and inquiry - Stevedore |
| Abstract | AUTHORITY FOUND -;INJUNCTION - Authority ordered non-publication of letter initiating disciplinary inquiry. Delay in investigation weakly arguable factor that could result in finding respondent acted unjustifiably. Strongly arguable no reasonable basis for allegation that applicant made death threat. Not seriously arguable that respondent relying on older warnings. Sufficiently arguable case that decision maker not impartial. Arguable case that applicant unjustifiably disadvantaged by continuation of disciplinary investigation. Balance of convenience favours applicant. Overall justice lies with applicant. Application for injunctive relief granted. |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s174E -ERA second schedule cl10 |
| Cases Cited | Nee Nee v C3 Ltd [2013] NZEmpC 207, (2013) 11 NZELR 174;Snowdon v Radio New Zealand Ltd [2004] 2 ERNZ 238 (EmpC) |
| Number of Pages | 18 |
| PDF File Link: | 2017_NZERA_Auckland_80.pdf [pdf 286 KB] |