| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 161/06 |
| Hearing date | 2 Nov 2006 |
| Determination date | 23 November 2006 |
| Member | P Montgomery |
| Representation | G Lloyd ; S Turner |
| Location | Christchurch |
| Parties | Adams v Land Transport New Zealand |
| Summary | INJUNCTION – Application for interim reinstatement - Applicant 64 years old and alleged inability to secure alternative employment meant would need to sell house if not reinstated - Balance of convenience appeared to favour applicant - Dismissed for theft and failure to follow policies - Respondent claimed no longer had trust and confidence in applicant to carry out duties, particularly as large percentage of his time spent out of office - Authority had particular regard to allegation applicant deleted work files from computer after dismissal - If proven, action lent weight to respondent's concerns regarding applicant's trustworthiness if reinstated - Adequate alternative remedies available - Although not determinative, Authority also had regard to applicant's ability to meet undertaking - Applicant had moderately strong arguable case but considering untested evidence regarding file deletion and other post dismissal discoveries, Authority found strong, foreseeable likelihood permanent reinstatement would be declined - Interim reinstatement declined - Parties directed to urgent mediation - Substantive investigation meeting to be held at earliest possible opportunity - Costs to be dealt with in conjunction with substantive matter |
| Result | Application dismissed ; Parties directed to mediation ; Orders accordingly ; Costs reserved |
| Cases Cited | Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174 |
| Number of Pages | 3 |
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