| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 130/04 |
| Hearing date | 16 Apr 2004 |
| Determination date | 19 April 2004 |
| Member | D King |
| Representation | A Drake ; PM Muir |
| Location | Auckland |
| Parties | Wackrow and Anor v Fonteraa Co-ooperative Group Ltd and Anor |
| Other Parties | Wackrow, Fonterra Co-operative Group Ltd |
| Summary | INTERIM INJUNCTION - Interim reinstatement sought from suspension - Injunction sought to halt disciplinary investigation - Criminal charges relating to fraud by applicant against one of respondent's previous entities - Suspended without opportunity to be heard - Arguable case - Respondent agreed to undertake disciplinary investigation which did not require applicant to answer questions related to criminal charges - Inadequate alternative remedy for suspension - Undertaking as to damages of given - Balance of convenience favoured reinstatement but not halting disciplinary investigation - Reinstatement granted - Injunction to halt investigation declined |
| Result | Application granted (Interim reinstatement) ; Application dismissed (Injunction) ; Interim reinstatement granted ; |
| Statutes | ERA s161(r) |
| Cases Cited | American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504;Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Birss v Secretary for Justice [1984] 1 NZLR 513;Harrison v Northland Polytechnic Council [1991] 2 NZLR 593;Russell v Wanganui City College [1998] 3 ERNZ 1076;Sotheran v Ansett New Zealand Ltd [1999] 1 ERNZ 548;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;X v Y Ltd and New Zealand Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 7 |
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