| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 142/04 |
| Hearing date | 22 Apr 2004 |
| Determination date | 27 April 2004 |
| Member | M Urlich |
| Representation | C Patterson ; M Crotty |
| Location | Auckland |
| Parties | Kamat v GlaxoSmithKline NZ Ltd |
| Summary | INTERIM REINSTATEMENT - Alleged constructive or summary dismissal - Applicant sent email to staff telling them to make up data for log - Whether applicant meant for staff to fabricate data rather than transcribe it - Respondent alleged serious breach of ethical and professional standards - Applicant given option to resign, and did, but later withdrew resignation - Alleged applicant was dismissed at further meeting - Arguable case - No adequate alternate remedy - Balance of convenience favoured applicant - Overall justice required reinstatement be granted subject to conditions - Reinstatement to payroll without being authorised to return to workplace - Clinical Research Scientist |
| Result | Interim reinstatement ordered ; Costs reserved |
| Statutes | ERA s127;ERA s127(5) |
| Cases Cited | American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504;Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Ford v Hutt Valley Health Corporation Ltd [1994] 1 ERNZ 563;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;X v Y Ltd and New Zealand Stock Exchange [1992] 1 ERNZ 863 |
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