| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/06 |
| Hearing date | 27 Mar 2006 |
| Determination date | 04 April 2006 |
| Member | J Crichton |
| Representation | J Goldstein ; N McPhail |
| Location | Christchurch |
| Parties | Z v University of Canterbury |
| Summary | INJUNCTION - Interim reinstatement - Applicant dismissed for serious misconduct in respect of alleged harassment of co-worker - Sought interim reinstatement - Applicant had arguable case on basis of doubt over what matters moved respondent to dismiss, alleged predetermination and breaches of duty of good faith, contention that respondent failed to give help when sought by applicant 12 months prior to dismissal, and contention that respondent discouraged mediation - Balance of convenience favoured respondent because of affidavits of applicant's managers who said they had lost trust and confidence in him and respondent's proper anxiety to protect staff - Authority also influenced by respondent's decision to hold applicant's job open until substantive matter determined - Overall justice lay with respondent - Interim reinstatement declined - Publication of any details which may identify applicant or co-worker prohibited |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A;ERA s127;ERA Second Schedule cl10(1) |
| Number of Pages | 5 |
| PDF File Link: | ca 48_06.pdf [pdf 30 KB] |