| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/04 |
| Hearing date | 23 Dec 2003 |
| Determination date | 09 February 2004 |
| Member | A Dumbleton |
| Representation | I Davidson ; K Thompson |
| Location | Auckland |
| Parties | Craigie v Air New Zealand Ltd |
| Summary | INTERIM INJUNCTION - Sought order preventing disciplinary investigation continuing - Convicted of charges including assault and flying aircraft without certification - Favourable outcome to Civil Aviation Authority investigation determining whether fit and proper person to hold pilot licence - Respondent commenced disciplinary investigation - Six months elapsed - Respondent breached employment agreement in way investigation conducted - Respondent not to be stopped from undertaking reasonable disciplinary investigation - Rights to seek and recover remedies would not be prejudicially affected by continuation of investigation - COMPLIANCE ORDER - Ordered on Authority's own motion that respondent comply with Pilots' Collective Agreement - Must clearly state alleged misconduct in sufficient detail - Must give copy of all available information relevant to investigation to applicant - Expectation applicant would co-operate with investigation |
| Result | Application dismissed (Interim injunction) ; Application granted (Compliance order) ; Compliance ordered ; Costs reserved |
| Statutes | ERA s4;ERA s137;ERA s138(1);ERA s157(1);ERA s160(3) |
| Cases Cited | Kimber v New Zealand Fire Service unreported, J Wilson, 11 January 2001, AA 3/01;Russell v Wanganui City College [1998] 3 ERNZ 1076;Z v Attorney-General sued in respect of the Chief Executive of the Department for Courts [2003] 1 ERNZ 293 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |