| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 125 |
| Determination date | 27 April 2017 |
| Member | J Trotman |
| Representation | F McMillan ; B Webster |
| Location | Auckland |
| Parties | Ormsby v The Limited Statutory manager, Pouto Primary School |
| Summary | INJUNCTION - Applicant sought interim reinstatement - PRACTICE AND PROCEDURE - Respondent sought non-publication order of parties names - School Principal |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Applicant not on discretionary leave or transferred to other duties. Applicant suspended from position. Suspension on grounds of competency alone unjustified. Suspension on grounds of concerns around applicant or student’s safety not discussed by board. Concerns focused around competency. Suspension procedurally unfair. Strongly arguable case that suspension unjustified. Reinstatement would mitigate suspension’s impact on applicant’s reputation and professional consequences. Authority able to offer early hearing date two months away. Balance of convenience favours reinstatement. Financial remedies not adequate. Application for interim reinstatement granted.;PRACTICE AND PROCEDURE: Legitimate public interest in knowing identity of school principal in small community. Not satisfied adverse consequences would flow form publication. Application for non-publication dismissed. |
| Result | Application granted (injunction) ; Application dismissed (practice and procedure); Costs reserved |
| Main Category | Injunction |
| Statutes | Education Act 1989 s78M; ERA s174E ; ERA s103A ; ERA Second Schedule cl10(1) |
| Cases Cited | Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310;Harvest Bakeries Ltd v Klissers Farmhouse Bakers Ltd [1985] 2 NZLR 129 (CA);H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38;XYZ v ABC [2017] NZEmpC 40 |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Auckland_125.pdf [pdf 276 KB] |