| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 138/03 |
| Hearing date | 16 Sep 2003 |
| Determination date | 25 September 2003 |
| Member | P R Stapp |
| Representation | R Cabraal, M Basi ; K Binnie, J Dobson |
| Location | Wellington |
| Parties | Young v IBM New Zealand Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal - Serious misconduct - Went to movies during work time - Lied to manager - Attended disciplinary meeting - Notified of allegations in advance - Whether predetermination and disparity of treatment - Arguable case - Alternative monetary remedies available if interim reinstatement not granted - Balance of convenience supported respondent - Dismissed on grounds of serious misconduct for lying - Overall justice favoured respondent - Respondent's case strong - Interim reinstatement declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127(4) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Madar v P&O Services (NZ) Ltd [1999] 2 ERNZ 115;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448;X v Y Ltd and New Zealand Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |