| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 288/05 |
| Determination date | 28 July 2005 |
| Member | R A Monaghan |
| Representation | J Turrall ; N Bush |
| Location | Auckland |
| Parties | Ranburn Rest Home Ltd t/a Ranburn Home & Hospital v Senora |
| Summary | INTERIM INJUNCTION - COMPLIANCE ORDER – Applicant alleged employment agreement was for minimum period of three years – Respondent tendered resignation after four months – Applicant wanted her to stay in its employ and sought an interim injunction or compliance order restraining respondent from leaving employment until substantive application heard - Substantive application sought compliance order requiring respondent to complete the employment agreement or damages – Respondent had been recruited from the Philippines – Associated International Management Services Limited assisted in these types of recruitment and sent respondent a document purporting to be an agreement between the respondent and the employer (at that stage yet to be identified) – Document essentially embodied a bond agreement, recording that in consideration of the employer incurring costs helping employee move to NZ, employee agreed to work for three years or must repay costs incurred - Arguable question whether agreement between parties contained the three year term – Balance of convenience in favour of respondent – Overall justice in favour of respondent – Application declined - Registered nurse |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Butler v Countrywide Finance Limited [1993] 3 NZLR 623;Dallas v Wellington Newspapers Ltd [1998] 2 ERNZ 456;Turner v Australasian Coal and Shale Employees Federation & Anor [1984] 55 ALR 635 |
| Number of Pages | 7 |
| PDF File Link: | aa 288_05.pdf [pdf 42 KB] |