| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187/06 |
| Hearing date | 24 May 2006 |
| Determination date | 30 May 2006 |
| Member | R A Monaghan |
| Representation | M Ryan ; P Rice |
| Location | Auckland |
| Parties | Ratahi v Te Whanau O Waipareira Trust Inc Society |
| Summary | INJUNCTION - Interim reinstatement - Applicant sought interim order for reinstatement to position of Chief Executive Officer of respondent - Alleged dismissal by respondent unjustified - Inland Revenue Department made statutory demand for payment of $720,323 in arrears and penalties within 15 working days - Respondent's executive trustee (T") deposed that applicant did not disclose statutory demand at two subsequent special meetings of respondent's board - At next monthly meeting of respondent, T raised many serious concerns about management of respondent in a report - When trustees learned of statutory demand T moved at subsequent special meeting that there be vote of no confidence in management, and explained that effect of such vote would be that applicant would have to be dismissed - Motion was carried and chairperson of respondent handed letter of dismissal to applicant the next day - Applicant alleged arguable case that dismissal not justified because of unfair procedure - Affidavits from respondent did not disclose that applicant was adequately warned of prospect of dismissal or told of allegations he would be expected to answer - Arguable case made out about procedural fairness - Balance of convenience favoured respondent - Given seriousness of allegations and relatively short time until substantive investigation meeting, overall justice favoured respondent - Application for interim reinstatement declined" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Cliff v Air New Zealand Ltd [2005] 1 ERNZ 1;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Tamihere v Taumaunu unreported, Heath J, 21 December 2005, CIV 2005-404-6958;Tasman Pulp & Paper Co Ltd v NZ (with exceptions) Shipwrights etc Union & Ors [1991] 1 ERNZ 886 |
| Number of Pages | 7 |
| PDF File Link: | aa 187_06.pdf [pdf 81 KB] |