| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 157A/03 |
| Hearing date | 29 May 2003 |
| Determination date | 05 June 2003 |
| Member | Y S Oldfield |
| Representation | G Pratt ; C Kimpton |
| Location | Auckland |
| Parties | Worrall v Brighton-Best Mfg NZ Ltd |
| Summary | INTERIM INJUNCTION - Application for interim injunction staying respondent from continuing investigation into serious misconduct - Order sought preserving terms of applicant's current suspension on pay - Financial irregularities discovered - Immediately suspended on pay - Complaint laid with Police - List of seven allegations of serious misconduct given to applicant - Refused to attend disciplinary meeting - Right to silence - Arguable case based on right to silence in respect of allegation of theft - Other 6 allegations did not relate to police investigation - No arguable case in respect of other 6 allegations - Balance of convenience favoured applicant - Undertaking as to damages - No alternative remedy - Just and convenient to preserve applicant's right to silence in respect of matter which was subject of police investigation - Orders granted in modified form - General manager |
| Result | Application granted in part ; No order for costs |
| Statutes | New Zealand Bill of Rights Act 1990 s23(4) |
| Cases Cited | Melville v Chatham Islands Council [1999] 2 ERNZ 76;Russell v Wanganui City College [1998] 3 ERNZ 1076 |
| Number of Pages | 6 |
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