| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 40/01 |
| Determination date | 10 July 2001 |
| Member | G J Wood |
| Representation | RG Rossiter ; S Ross |
| Location | Wellington |
| Parties | Dorward v Lifecare Management Ltd t/a Olive Tree Apartments |
| Summary | INTERIM INJUNCTION - Unjustified dismissal - Redundancy - Sought reinstatement - Sale and purchase of respondent's business - Purchaser decided not to rehire applicant - Respondent terminated employment - Sale of business delayed - Other existing staff continued to work until new staff found - Whether applicant's different treatment from other staff unfair - Whether acted in good faith - Question of when applicant became aware of purchaser's default - Arguable case - No financial hardship would be suffered by applicant - On the other hand someone else would lose work - Continuity of care to patients disrupted - Balance of convenience favoured respondent - Reinstatement would be for only 3 weeks - Overall justice of case favoured respondent - Application dismissed subject to condition that respondent keep Authority and applicant informed of progress with sale and purchase - Nurse |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Melville v Chatham Islands Council [1999] 2 ERNZ 76;Port of Wellington Ltd v Longwith [1995] 1 ERNZ 87;X v Y and New Zealand Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 5 |
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