| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/03 |
| Hearing date | 21 Nov 2003 |
| Determination date | 24 November 2003 |
| Member | A Dumbleton |
| Representation | P Skelton ; H Fulton |
| Location | Auckland |
| Parties | Green v Proteam Holdings (NZ) Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Alleged unjustified dismissal - Alleged applicant called out obscenities to basketball player on opposing term during match - Had previously been issued Final employment warning" for pushing and verbally abusing opposition player - Employment agreement required 3 months' notice before terminating employment for misconduct - Arguable case of unjustifiable dismissal - Arguable whether open to respondent to dismiss applicant without 3 months' notice - Balance of convenience favoured applicant - Several more matches before end of season - Applicant entitled to apply coaching skills in effort to improve team's fortune - Entitled to remain actively associated with team in key position - Absence likely to adversely reflect on reputation - Interim reinstatement would hold balance between parties and allow conditions favourable to permanent reinstatement to be maintained - Overall justice required interim reinstatement to be granted to applicant - Applicant ordered to comply with terms of employment agreement, including not to behave in way prejudicial or detrimental to NZ Breakers or respondent - Basketball coach" |
| Result | Interim reinstatement granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s3;ERA s127;ERA s137;ERA s138;ERA s174 |
| Cases Cited | McKay v Order of St John Northern Region (South Island) Trust Board [1999] 1 ERNZ 519 |
| Number of Pages | 5 |
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