| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 176/04 |
| Hearing date | 17 Dec 2004 |
| Determination date | 20 December 2004 |
| Member | P R Stapp |
| Representation | B Bevan ; J Holden |
| Location | Wellington |
| Parties | Young v The Attorney-General in respect of the Chief Executive of the Ministry of Social Development |
| Summary | INJUNCTION - Application for interim reinstatement - Alleged unjustified dismissal - Summary dismissal - On job application form applicant disclosed conviction for marijuana possession - Accepted provisional job offer acknowledging respondent would undertake criminal and benefit history checks - Discovered applicant had been fined and warned for receiving undeclared earnings while on benefit - Also discovered driving offences and more extensive drug offending - Applicant's employment terminated 25 days after start date - Alleged respondent had not acted in good faith by not completing checks prior to him being offered position and commencing employment - Dispute over procedure followed at meeting - Arguable case - Applicant's financial hardship and respondent's lack of explanation for delay in making internal checks balanced against provisional nature of appointment and opportunity to ask questions before resigning prior employment - Respondent's position not to employ people who have committed benefit fraud meant unlikely applicant would be permanently reinstated if successful - Balance of convenience favoured respondent - Other remedies may have been affected by applicant's contribution - Application for interim reinstatement declined - Systems Support Analyst |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127(4) |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Howe v The Internet Group Ltd (IHUG) [1999] 1 ERNZ 879;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129;Tasman Pulp & Paper Co Ltd v NZ (with exceptions) Shipwrights etc Union & Ors [1991] 1 ERNZ 886;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 10 |
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