| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96/05 |
| Hearing date | 4 Jul 2005 |
| Determination date | 15 July 2005 |
| Member | P Montgomery |
| Representation | J Lawrie ; B Dorking |
| Location | Christchurch |
| Parties | Wasilewska v Otago District Health Board |
| Summary | INTERIM REINSTATEMENT - Arguable case - Applicant made undertaking as to damages - Applicant able to find alternative work pending determination of substantive issues - Respondent alleged applicant's attitude and conduct towards colleagues breached Code of Conduct - Also alleged applicant refused to obey lawful and reasonable instruction - Applicant alleged respondent did not put significant matters relied on by respondent in dismissal to her prior to dismissal - Wider public interest aspects given respondent's contractual arrangements with Ministry of Health/Breast Care Aotearoa - Balance of convenience slightly favoured applicant - Overall justice favoured interim injunction on conditions - Conditions set out in determination - Declined submission that in interim applicant's earnings should have been placed in interest-bearing account pending determination of substantive issues - Registered nurse |
| Result | Application granted ; Interim Reinstatement ordered (on conditions) ; Costs reserved |
| Statutes | ERA s127;High Court Rules 1985 R 236 |
| Cases Cited | Cliff & Groom v Air New Zealand [2005] 1 ERNZ 1;Toll New Zealand Consolidated Ltd v Te Kare unreported, Travis J, 15 March 2005, AC 10/05 |
| Number of Pages | 4 |
| PDF File Link: | ca 96_05.pdf [pdf 32 KB] |