Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 425/04
Hearing date 23 Dec 2004
Determination date 24 December 2004
Member L Robinson
Representation R Harrison ; P Robertson
Location Auckland
Parties Edwards v Webb (as Limited Statutory Manager of Tokoroa High School)
Summary INTERIM REINSTATEMENT - Suspension - Interim reinstatement sought – School had been plagued with difficulties – Powers and duties of school’s Board of Trustees in relation to financial operations vested in Limited Statutory Officer (Respondent) – Respondent had arrived at applicant’s office and requested to attend senior manager’s meeting – Applicant advised would not be appropriate and asked her to leave – Applicant suspended for unreasonably ordering respondent from office and refusing to allow her to attend meeting – Also stated was concerned about applicant’s “disrespectful attitude” towards respondent – Arguable case that applicant not afforded opportunity to be heard and that disciplinary response not appropriate – Applicant alleged distressed by damage to reputation and standing in community – Also alleged were numerous tasks he should have been attending to – Damage sustained by applicant could not have been adequately compensated for by damages - Balance of convenience and overall justice favoured applicant – Interests of third parties such as students and community relevant – Respondent ordered to lift suspension and reinstate applicant
Result Application granted ; Interim reinstatement ordered ; Costs reserved
Number of Pages 7
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