| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74/05 |
| Hearing date | 23 Feb 2005 |
| Determination date | 28 February 2005 |
| Member | A Dumbleton |
| Representation | C patterson ; E Butcher |
| Location | Auckland |
| Parties | Zaher v The Chief Executive of Unitec Institute of Technology |
| Summary | INJUNCTION - Interim reinstatement - Applicant dismissed for alleged serious misconduct - Respondent conceded applicant had arguable case - Reimbursement of lost wages and compensation adequate alternative remedy - Balance of convenience favoured respondent given only eight or nine weeks would elapse between dismissal and substantive determination - Respondent had strong case that dismissal justified - Employment agreement required applicant to assign legal title to particular inventions to applicant and respondent jointly - Dismissed after respondent discovered inventions had been assigned back to applicant alone and then on to company owned by applicant and his manager - Overall justice lay with respondent - Interim reinstatement declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s101(c);ERA s125;ERA s127 |
| Number of Pages | 7 |
| PDF File Link: | aa 74_05.pdf [pdf 43 KB] |