| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 474/05 |
| Hearing date | 7 Dec 2005 |
| Determination date | 12 December 2005 |
| Member | D King |
| Representation | NR Taylor (in person) ; C Patterson |
| Location | Auckland |
| Parties | Taylor v eCOM New Zealand Ltd |
| Summary | INTERIM REINSTATEMENT - Tenable arguable case - Aspects of procedure leading to dismissal open to challenge - Also contested issues regarding substance - Deterioration of relationship between applicant and respondent - Business development executive - Damages not acceptable alternative remedy - Overall justice in favour of applicant - Not convinced at present stage that issues sufficiently clear to be able to say that prospect of permanent reinstatement was impracticable or unlikely - Ordered that applicant be reinstated on garden leave basis - If respondent, who objected to making an interest free loan" wished to have applicant attend work and carry out duties, parties should discuss that and were at liberty to apply at any time for variation of order" |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Statutes | ERA s127(4) |
| Cases Cited | Snaith and Anor v S & A Ltd (In Receivership) formerly Stone and Associates Ltd (In Receivership) unreported, L Robinson, 9 May 2005, AA 169/05 |
| Number of Pages | 4 |
| PDF File Link: | aa 474_05.pdf [pdf 20 KB] |