Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 233/04
Hearing date 14 Jul 2004
Determination date 15 July 2004
Member A Dumbleton
Representation K Beck ; E Hartdegen
Location Auckland
Parties Paul v Maori Television Service
Summary INTERIM INJUNCTION - Applicant on paid sick leave - Pay stopped without consultation - Employment agreement allowed for paid sick leave at manager's discretion - Discretion could not be exercised arbitrarily - Applicant should have been given opportunity to be heard before pay stopped - Arguable breach of employment agreement - Balance of convenience favoured orders against respondent - Overall justice favoured applicant - Respondent to restore sick leave pay - Order did not affect respondent's right to dismiss if it so chose - Leave reserved for parties to seek variation or discharge of order in future - Non-publication order - Details of letter between parties prohibited from publication
Result Interim injunction ordered ; Orders accordingly ; Costs reserved
Statutes ERA Second Schedule cl10
Number of Pages 5
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