| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 236/05 |
| Hearing date | 23 Jun 2005 |
| Determination date | 28 June 2005 |
| Member | J Scott |
| Representation | F Wood ; G Steele |
| Location | Auckland |
| Parties | Lynch v Tawa Community Childcare Centre |
| Summary | INTERIM REINSTATEMENT – Applicant summarily dismissed – Sought interim reinstatement – Staff allegations against applicant included failure to adequately investigate serious allegations of children being smothered in sleeping room and harassment/bullying of staff – Alleged concerns respondent would not be financially viable if applicant returned since parents indicated would remove children from centre if she returned – Arguable case – Inconvenience to parties finely balanced but balance of convenience favoured applicant - Overall justice in favour of applicant – Interim reinstatement granted – Manager |
| Result | Application granted ; Interim reinstatement ordered ; Parties directed to mediation to attempt to resolve substantive matter ; Costs reserved |
| Statutes | ERA s127(1);ERA s127(5) |
| Cases Cited | Cliff & Groom v Air New Zealand [2005] 1 ERNZ 1;Melville v Chatham Islands Council [1999] 2 ERNZ 76;Waugh v the Commissioner of Police unreported, Goddard CJ, 4 April 2003, WC 12/03;NZ Stevedoring Co. Ltd & Ors v NZ Waterfront Workers Union [1990] 3 NZILR 308;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 8 |
| PDF File Link: | aa 236_05.pdf [pdf 45 KB] |