Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 165/01
Determination date 24 October 2001
Member J Wilson
Representation P Wicks ; J Latimer
Location Auckland
Parties Keys v Real Estate Institute Of New Zealand
Summary INTERIM INJUNCTION - Application for interim reinstatement - Unjustified disadvantage proceedings - Redundancy - Undertaking to place applicant on garden leave pending substantive determination - Disputed whether genuinely redundant - Arguable case - Adequate alternative to go on garden leave - Whether deprived of right to work - Whether absence from workplace would be detrimental - Reinstatement likely to result in confusion - Undertaking given - Short time to substantive hearing - Balance of convenience favoured not granting reinstatement - Chief executive officer
Result Application dismissed ; Costs reserved
Statutes ERA s127;ERA s127(2)
Cases Cited Madar v P&O Services (NZ) Ltd [1999] 2 ERNZ 115;Palmer v Westpac Banking Corporation unreported, Goddard CJ, 23 July 1996, WEC 45/96
Number of Pages 6
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