| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 208/06 |
| Hearing date | 20 Jun 2006 |
| Determination date | 21 June 2006 |
| Member | L Robinson |
| Representation | G Lloyd ; P Swarbrick |
| Location | Auckland |
| Parties | Housham v Juken New Zealand Ltd |
| Summary | INTERIM REINSTATEMENT - Applicant alleged to have engaged in physical violence on company premises - Serious misconduct - Summary dismissal - Applicant claimed was victim and did not willingly engage in violence - Tenable arguable case - Weighed up inconvenience to respondent in bearing burden of interim relief with applicant's detriment until problem investigated and determined - Authority concerned about delay between date of dismissal and date application lodged - Delay not reasonably explained by applicant and was sufficient to disentitle him from interim relief - Detriment to applicant not sufficient to require respondent bear burden of interim relief - Relatively short period before full investigation meeting - Income recoverable if applicant successful in substantive matter - Balance of convenience in favour of respondent - Not considered that any other solution between parties required - Overall justice of case favoured respondent - Lathe operator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127, ERA s203A |
| Number of Pages | 5 |
| PDF File Link: | aa 208_06.pdf [pdf 97 KB] |