| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14/05 |
| Hearing date | 21 Jan 2005 |
| Determination date | 25 January 2005 |
| Member | D Asher |
| Representation | S Brown ; G Ogilvie |
| Location | Wellington |
| Parties | Allen v The Congregational Christian Church of American Samoa in New Zealand |
| Summary | INJUNCTION - JURISDICTION - Application for interim reinstatement - Alleged unjustified dismissal - Whether employment relationship - Applicant was reverend at church - Church was incorporated as respondent - Church split into two congregations - Decision of High Court gave control of respondent to those dissatisfied with applicant - Respondent terminated relationship - Arguable case that employment relationship existed - However balance of convenience and overall justice lay with respondent - Substantive investigation in eight days' time - Applicant's practical and immediate needs being met by staying in house owned by respondent - Unrealistic and impractical to order reinstatement of irregular salary dependent on alofa (love offerings") from divided congregation - Interim reinstatement declined" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Apineru v The Board of Trustees of the Congregational Christian Church of American Samoa in New Zealand (Porirua) Trust unreported, Wild J, 16 September 2004, CIV-2003-485-713;Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Conference of the Methodist Church of NZ v Gray [1996] 1 ERNZ 48;Gray v Nelson Methodist Presbyterian Hospital Chaplaincy Committee [1995] 1 ERNZ 672;Mabon v Conference of the Methodist Church of New Zealand [1997] ERNZ 690 |
| Number of Pages | 10 |
| PDF File Link: | wa 14_05.pdf [pdf 32 KB] |