| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 218/01 |
| Determination date | 10 December 2001 |
| Member | R A Monaghan |
| Representation | M Robins ; P McBride |
| Location | Auckland |
| Parties | Trembath v Counties Manukau District Health Board |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Sent on training courses after several staff complaints of autocratic management style - Dismissed after complaints continued - Required to attend disciplinary meeting - Told of allegations in advance and response considered - Alleged unjustified dismissal - Threshold for arguable case not high - Applicant had arguable case - Hardship to hospital and substantial opposition to reinstatement balanced against applicant's right to protect employment - Balance of convenience favoured hospital - Not to be reinstated into charge nurse position - Whether applicant could be reinstated in lesser position on interim basis - Section 123(a) Employment Relations Act 2000 did not authorise reinstatement to position less advantageous to employee - Equitable and discretionary remedy allowed Authority to reinstate in lesser position - Inappropriate to reinstate in nursing position - Weak case for reinstatement in substantive proceedings - Order for reinstatement into project position with no managerial responsibilities - Charge nurse |
| Result | Application granted ; Reinstatement ordered ; Orders accordingly ; Costs reserved |
| Statutes | ERA s123(a) |
| Cases Cited | Air NZ Ltd v Johnston [1989] 2 NZILR 49; [1989] 3 NZLR 641;Hennessey v Auckland City Council [1983] ACJ 593;Watson v Bay of Plenty Regional Council unreported, Colgan J, 9 June 1995, AEC 40A/95 |
| Number of Pages | 6 |
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