| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 192 |
| Determination date | 04 July 2017 |
| Member | V Campbell |
| Representation | T Kennedy ; E Brown |
| Location | Auckland |
| Parties | Dah v QME |
| Summary | INJUNCTION - Applicant sought injunction restraining respondent from continuing the applicant’s suspension - Mental health nurse |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Authority ordered non publication of names of parties and respondent’s clients. Applicant had arguable case that she unjustifiably suspended. Applicant continued to be paid. Suspension ongoing for more than three months. Since suspension respondent became aware of safety concerns surrounding applicant which require investigation. Balance of convenience favours respondent. Respondent in position to pay grievance remedies if required. Overall justice favoured declining injunction. Application for injunctive relief dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s174E |
| Cases Cited | Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310;H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 (EmpC);Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 (EmpC);Tawhiwhairangi v Attorney-General [1993] 2 ERNZ 546 (EmpC);X v Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 (EmpC);XYZ v ABC [2017] NZEmpC 4 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_192.pdf [pdf 180 KB] |