| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 55/06 |
| Hearing date | 20 Apr 2006 |
| Determination date | 26 April 2006 |
| Member | P Cheyne |
| Representation | L Andersen ; C Blake |
| Location | Christchurch |
| Parties | Ireland v The Child Cancer Foundation Inc |
| Summary | INJUNCTION - Application for interim reinstatement - Respondent received complaint that applicant had behaved inappropriately by gossiping about man associated with respondent and parties met to discuss issue - At subsequent meeting applicant was summarily dismissed for serious misconduct - Applicant submitted she should have had further opportunity to comment before dismissal and dismissal was based on allegations not put to her - Parties also disagreed about whether applicant refused to answer questions at disciplinary meeting - Arguable case that dismissal unjustified due to procedural unfairness - Respondent gave undertaking not to replace applicant until substantive issue determined - Authority accepted that if applicant awarded reinstatement in interim but not substantively respondent could suffer damage to reputation that could not be adequately remedied by damages - Balance of convenience favoured respondent - No other factors strongly favoured interim reinstatement - Application for interim reinstatement declined - Temporary non-publication order prohibiting publication of name of man who was subject of gossip - Member Support Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | BP Oil Ltd v Northern Distribution Union [1989] 3 NZILR 276, [1989] 3 NZLR 580 (CA);Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 4 |
| PDF File Link: | ca 55_06.pdf [pdf 25 KB] |