| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/04 |
| Hearing date | 16 Jan 2004 |
| Determination date | 20 January 2004 |
| Member | L Robinson |
| Representation | P Pa'u ; E Butcher |
| Location | Auckland |
| Parties | Buchan v Sheffield Ltd |
| Summary | INJUNCTION - Application for interim reinstatement - Alleged dismissal procedurally and substantively unjustified - Serious misconduct - Unprofessional contact with another employee despite promise to refrain from such conduct - Absence from work - Arguable case conceded - Availability of substantive hearing in four weeks adequate alternative remedy - Away from employment for five months and off work five weeks prior to that - No real detriment to wait four weeks - Extremely negative consequences for staff if reinstated - Influenced by prior undisputed conduct in workplace - Injunction declined - Information Technology Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127 |
| Cases Cited | Richardson v Board of Governors of Wesley College [1999] 2 ERNZ 199;Perales v Botica unreported, J Wilson, 17 December 2003, AA 378/03 |
| Number of Pages | 6 |
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