| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 290/04 |
| Hearing date | 10 Sep 2004 |
| Determination date | 13 September 2004 |
| Member | M Urlich |
| Representation | CH Toogood ; P Robertson |
| Location | Auckland |
| Parties | Annan v Finn and Anor |
| Other Parties | The Board of Trustees of Cambridge High School |
| Summary | PRACTICE AND PROCEDURE - Application for interim reinstatement - Unjustified dismissal - Existence of disputes concerning key factual elements of applicant's alleged resignation indicated arguable case - Damage to applicant's reputation and career if grievance successful but if interim reinstatement refused unlikely to be met by award of damages - Potential loss to respondents covered by usual undertaking as to damages from applicant - Balance of convenience favoured preserving status quo at time alleged personal grievance arose - Overall justice favoured reinstatement on conditions - Interim reinstatement to payroll but no return to workplace - Order prohibiting publication of unconfirmed education review report and preliminary investigative report by agent of respondent - Order restraining use of preliminary report pending investigation of adequacy of agent's investigative procedures - High school principal |
| Result | Applications granted ; Interim reinstatement ordered ; Orders accordingly ; Costs reserved |
| Statutes | ERA s127;ERA s127(5) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |