| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/03 |
| Hearing date | 3 Apr 2003 |
| Determination date | 11 April 2003 |
| Member | A Dumbleton |
| Representation | P Wallace ; S Dalzell |
| Location | Auckland |
| Parties | Graham v Airways Corporation of New Zealand Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Employed on trial basis until on-the-job training was passed - Dismissed after failure to complete training satisfactorily - Whether procedure in contract correctly followed - Arguable case established - Low threshold - Alternative remedies - No prejudice to applicant if reinstatement delayed until substantive hearing in two months - Balance of convenience favoured respondent - Safety reasons and inability to provide trainer - Overall justice favoured respondent - Strength of case considered - Interim reinstatement declined - Air Traffic Controller |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127 |
| Cases Cited | Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;New Zealand Air Line Pilots' IUOW Inc v Air Nelson Ltd [1998] 3 ERNZ 332;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659 |
| Number of Pages | 11 |
| PDF File Link: | aa 99_03.pdf [pdf 61 KB] |