| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 97 |
| Hearing date | 22-Sep-17 |
| Determination date | 29 September 2017 |
| Member | T Tetitaha |
| Representation | P Chemis, J Howes ; G Davenport |
| Location | Wellington |
| Parties | X v The New Zealand Fire Service Commission also known as Fire And Emergency New Zealand |
| Summary | INJUNCTION – Applicant sought interim reinstatement – PRACTICE AND PROCEDURE – Applicant sought non-publication order – Senior Fire Investigator |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Applicant dismissed for submitting false document. Not strongly arguable case for reinstatement given applicant’s admission of submitting a false document and possible repercussions on credibility. Balance of convenience favours not reinstating applicant. Application for interim reinstatement dismissed. PRACTICE AND PROCEDURE: Legitimate public interest in knowing the identity of applicant. Satisfied that applicant’s fears of publication could result in further allegations and threats detrimentally affecting his health. Non-publication of name and details sufficient to meet the principle of open justice. |
| Result | Application dismissed (injunction) ; Application granted (practice and procedure) ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | Erceg v Erceg [2016] NZSC 135, [2017] NZLR 310;XYZ v AB [2017] NZEmpC 40 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_97.pdf [pdf 172 KB] |