| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 126/06 |
| Hearing date | 15 Sep 2006 |
| Determination date | 19 September 2006 |
| Member | D Asher |
| Representation | S Webster v A Drake |
| Location | Wellington |
| Parties | Worsley v AFFCO New Zealand Ltd |
| Summary | INTERIM REINSTATEMENT - Applicant dismissed for failure to adhere to protocols and policies - Sought urgent interim reinstatement - Respondent opposed application - Argued employee in management position required high degree of trust and confidence - Respondent submitted contributory fault meant applicant unlikely to be permanently reinstated - Accepted applicant had arguable case - Applicant in employment and able to recover lost wages and compensation - Respondent in off season and no date set to re-open - Date for substantive investigation meeting available soon but applicant chose to proceed with interim investigation - Balance of convenience and availability of alternative remedies favoured respondent - Respondent faced serious difficultly justifying dismissal - Except for admission directed another employee to delete a file, no basis to claim could not have trust or confidence in applicant - Unjust for exemplary long service to be set aside by what appeared to be spur of the moment, low level action brought about by stress during disciplinary process - Overall justice favoured interim reinstatement - Parties directed to mediation - Cool store supervisor |
| Result | Application granted ; Interim reinstatement ordered ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s127;ERA s159 |
| Cases Cited | Baker & Ors v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 9 |
| PDF File Link: | wa 126_06.pdf [pdf 40 KB] |