| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 114/01 |
| Hearing date | 13 Aug 2001 |
| Determination date | 21 August 2001 |
| Member | D King |
| Representation | A Fitzgibbon ; M Crosbie & A Russell |
| Location | Auckland |
| Parties | Lunjevich v Attorney General in respect of the Department of Corrections |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Jurisdiction - Whether interim relief could be granted against the Crown - Nothing in ERA to prevent state employees having the potential benefit of interim reinstatement - Jurisdiction to order interim declaration - Personal grievance application - Dismissed for serious misconduct - Employment terminated following conviction of driving under influence of alcohol or drugs - Alleged conviction gave reasonable doubt as to suitability for continued employment - Concerns not put to applicant - Alleged disparity of treatment - Arguable case - Balance of convenience favoured applicant - Had continued to work after conviction without detriment to respondent - Overall justice favoured granted interim relief - Probation officer |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Statutes | Bill of Rights Act 1990 s27(3);Crown Proceedings Act 1950 s17;ERA s127;Judicature Amendment Act 1997 s8(2) |
| Cases Cited | Attorney-General v Shepherd [1996] 1 ERNZ 571;Leslie v Attorney-General [1996] 1 ERNZ 287;Simpson v Attorney-General [1996] 2 ERNZ 253 |
| Number of Pages | 3 |
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