| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 223/05 |
| Hearing date | 15 Jun 2005 |
| Determination date | 17 June 2005 |
| Member | L Robinson |
| Representation | C Patterson ; L Foley |
| Location | Taupo |
| Parties | Upathep v Taksina Ltd |
| Summary | INTERIM REINSTATEMENT - Applicant dismissed for serious misconduct - Arguable case that dismissal contrived by respondent because it wished to replace him with another manager - Balance of convenience - Undertaking as to damages given - Applicant had secured alternative employment - Alleged reputation suffered in small town - Delay in making application only partly explained by solicitor failure - Applicant out of respondent's employment for 18 weeks - Balance of convenience in favour of respondent - Overall justice also favoured respondent - Parties directed to mediation to be undertaken before specified date - Manager |
| Result | Application dismissed ; Directions accordingly ; Costs reserved |
| Statutes | ERA s103A;ERA s127;ERA s159(1)(b) |
| Number of Pages | 5 |
| PDF File Link: | aa 223_05.pdf [pdf 44 KB] |