| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 387/04 |
| Hearing date | 23 Nov 2004 |
| Determination date | 26 November 2004 |
| Member | K Raureti |
| Representation | J Burley ; H Waaalkens |
| Location | Auckland |
| Parties | Marsh v Ca'Bella Pacific Ltd |
| Summary | INTERIM REINSTATEMENT - Relationship between employee and employer's manager director broke down - Employee made disparaging criticisms, derogatory comments and accused managing director of misappropriation of company money - Arguable case - No status quo for employee to return to - Clean hands doctrine Employee's actions deliberate, considered and made over a couple of months - Balance of convenience in favour of employer - Remedies under Employment Relations Act 2000 appropriate should employee be successful in substantive matter - Overall justice in favour of employer - Application dismissed - Quantity surveyor/estimator |
| Result | Application dismissed ; No order for costs |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Waring v Ansett New Zealand Ltd [1999] 2 ERNZ 886 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |