Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 80/05
Hearing date 27 May 2005
Determination date 30 May 2005
Member P Cheyne
Representation J Goldstein ; S Hornsby
Location Christchurch
Parties Coom v Christchurch City Council
Summary INTERIM REINSTATEMENT – Unjustified dismissal – Section 103A ERA applied – Applicant told third party would reimburse for loss suffered by third party breaking investment because of late payment of invoice by applicant – Applicant told third party to rewrite invoice to say money was for “staff training” rather than lost interest – Whether arguable case - Respondent’s justification for dismissal to be judged in accordance with s103A ERA – Some arguable points but not a strongly arguable case of unjustified dismissal – Balance of convenience in favour of respondent – Applicant sought vindication – Any vindication not achieved by interim reinstatement - Overall justice in favour of respondent – Application declined - Team leader
Result Application dismissed ; Costs reserved
Statutes ERA s103A
Cases Cited Melville v Chatham Islands Council [1999] 2 ERNZ 76
Number of Pages 6
PDF File Link: ca 80_05.pdf [pdf 38 KB]