| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/05 |
| Hearing date | 9 May 2005 |
| Determination date | 10 May 2005 |
| Member | D King |
| Representation | P Swarbrick ; P Kiely, A Caisley |
| Location | Auckland |
| Parties | X v Auckland District Health Board |
| Summary | INTERIM REINSTATEMENT - Arguable case - Applicant contended respondent had not followed disciplinary policy and was disparity of treatment - No other adequate remedies for applicant - Likely to suffer loss of reputation and impediments to work unless reinstated - Any detriment to respondent did not outweigh detriment to applicant - Alleged loss of trust and confidence needed to be shown on reasonable grounds - Loss of trust and confidence strongly contested - Applicant's colleagues deposed he should be reinstated - No doubt that actions would not be repeated - No pecuniary loss since still receiving salary - Full hearing only one month away - Overall justice in favour of applicant - Reinstatement ordered - Interim suppression order made prohibiting publication of name of applicant and identifying details - Parties directed to mediation |
| Result | Application granted ; Reinstatement ordered ; Orders accordingly ; Parties directed to mediation ; Costs reserved |
| Cases Cited | X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 4 |
| PDF File Link: | aa 171_05.pdf [pdf 18 KB] |