| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 248/06 |
| Hearing date | 14 Jul 2006 |
| Determination date | 21 July 2006 |
| Member | L Robinson |
| Representation | P Swarbrick ; R Harrison |
| Location | Auckland |
| Parties | Taylor v Raukura Hauora O Tainui |
| Summary | INJUNCTION - Interim reinstatement - Respondent claimed applicant was suspended and dismissed for making threatening statement and for taking steps to establish competing clinic – Applicant alleged unjustified disadvantage and unjustified dismissal - Arguable that applicant had not acted in manner alleged by respondent – Also arguable suspension and dismissal procedurally unfair – Applicant claimed he would suffer damage to finances and reputation if not reinstated – Applicant also concerned for his patient’s welfare – Respondent claimed reinstatement would destabilise its continuing operations and could possibly plunge clinic back into crisis situation – Respondent produced evidence that applicant and a colleague, Dr A, had removed patient lists – Email from Dr A to solicitor not privileged as it related to whether to instruct solicitor, not legal advice - Respondent entitled to view that if reinstated, applicant would “pick up where he left off” in establishing alternative operation because evidence did establish applicant had taken steps to set up operation of some kind – Substantive investigation to occur in three weeks – Balance of convenience favoured respondent – Applicant’s removal of patient database was sufficient to disentitle him to interim relief – Overall justice favoured respondent – Application for interim reinstatement declined – Parties directed to mediation - Doctor |
| Result | Application declined ; Costs reserved |
| Statutes | ERA s127 |
| Number of Pages | 5 |
| PDF File Link: | aa 248_06.pdf [pdf 93 KB] |