| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 229/01 |
| Determination date | 28 December 2001 |
| Member | D King |
| Representation | C Patterson ; M Gould |
| Location | Auckland |
| Parties | Breed v JD Edwards Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Serious misconduct - Sexual harassment - Denied sexual nature of contact - Whether fair investigation conducted - Arguable case - Detriment of loss of income - Alleged absence from work place rendered permanent reinstatement less likely - Issue of sexual harassment and loss of trust and confidence taken into account - Effect on complainants - Reinstatement on garden leave not appropriate - Unable to provide undertaking as to damages - Period until hearing short - Alternative remedies available - Balance of convenience and overall justice favoured refusal of application - Interim reinstatement not appropriate - Branch manager |
| Result | Application dismissed ; No order for costs |
| Cases Cited | Butters v Capital Timber Products (1993) Ltd unreported, Goddard CJ, 11 August 1995, WEC 54/95;T v Attorney General unreported, Goddard CJ, 13 September 1995, WEC 62/95;X v Y Ltd and NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |