| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 12/04 |
| Hearing date | 3 Feb 2004 |
| Determination date | 04 February 2004 |
| Member | P Cheyne |
| Representation | A McKenzie ; P Shaw |
| Location | Christchurch |
| Parties | Bensemann v Canterbury District Health Board |
| Summary | INTERIM INJUNCTION - Injunction sought restraining transfer of applicant to another site - Injunction sought requiring respondent to allow applicant's union representative to attend meeting - Alleged meeting about performance issues - Meeting mainly about accreditation tasks - Not entitled to representative for operational matters - Meeting may involve performance issues - Arguable case entitled to have representative present - Arguable case that not entitled to transfer applicant - Balance of convenience - Transfer could have helped with applicant's accreditation - Inconvenience to schedule meetings to suit availability of representative - Potential grievance could have been remedied by compensation - Balance of convenience against granting injunctions - Parties directed to mediation - Non-publication of affidavit evidence referred to in determination |
| Result | Application dismissed ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s236 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |