| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 102 |
| Hearing date | 18-Sep-17 |
| Determination date | 09 October 2017 |
| Member | M Loftus |
| Representation | G Cain, S Pidgeon ; B Scotland |
| Location | Wellington |
| Parties | JKL v OPQ Ltd |
| Summary | INJUNCTION - Applicant sought injunction requiring respondent to disclose third party report before continuing disciplinary investigation and injunction restraining respondent from carrying out disciplinary investigation until serious fraud office (“SFO”) concludes its investigation - Applicant sought non-publication of identifying information |
| Abstract | AUTHORITY FOUND -;INJUNCTION: Authority ordered non-publication of identifying information. Applicant’s request constitutes quia timet application. Until respondent makes decision it is difficult to say wrong has occurred. Authority can order disclosure of documents it considers relevant but until disciplinary process is complete it is difficult to know if third party report is relevant. Application to order respondent to disclose report dismissed. Applicant has arguable case that disciplinary process should be halted pending conclusion of SFO inquiries. Applicant’s salary is significant expenditure for respondent which affects retaining applicant in non-productive capacity. Applicant entitled to see how SFO inquiry develops before risking injustice by participating in respondent’s investigation. Overwhelming grounds for finding overall justice favours applicant. Application for injunction granted restraining respondent from proceeding with its disciplinary investigation while the SFO inquiry continues granted. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s160(1)(a) ; ERA s160(2) ; Evidence Act 2006 s54(1)(a) ; Serious Fraud Office Act 1990 s10 |
| Cases Cited | Commerce Commission v Bay of Plenty Electricity Ltd (2006) 18 PRNZ 191 (HC);Ports of Auckland v Findlay [2017] NZEmpC 45;Three Rivers District Council v Governor and Company of the Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610;Wackrow v Fonterra Co-operative Group Ltd [2004] 1 ERNZ 350 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Wellington_102.pdf [pdf 180 KB] |