| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 141 |
| Hearing date | 9-May-17 |
| Determination date | 10 May 2017 |
| Member | E Robinson |
| Representation | D Jaques ; M McGoldrick |
| Location | Auckland |
| Parties | Wilkinson v The Farmers' Trading Company Ltd |
| Summary | INJUNCTION - Applicant sought interim reinstatement - Counter manager |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Possible that contributory behaviour will be found resulting in more than theoretical risk that applicant may establish personal grievance but fail to obtain reinstatement. Monitoring applicant would impose burden on respondent and not address trust and confidence concerns. Balance of convenience favours not reinstating applicant. Overall justice favours declining reinstatement. Application for interim reinstatement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A ; ERA s127 |
| Cases Cited | BP Oil New Zealand Ltd v Northern Distribution Union [1992] 3 ERNZ 483 (CA);Cliff v Air New Zealand Ltd [2005] ERNZ 1 (EmpC);McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312;NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531;X v Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_141.pdf [pdf 271 KB] |