| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 167/06 |
| Hearing date | 17 Nov 2006 |
| Determination date | 23 November 2006 |
| Member | P R Stapp |
| Representation | G Ballara ; K Sagaga |
| Location | Wellington |
| Parties | Masinalupe v Formway Furniture (New Zealand) Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant attended disciplinary meeting as support person for colleague - During meeting, applicant admitted instructed colleague to dispose of scrap and used cash received for benefit of team - Both employees resigned - Respondent subsequently accepted process relating to applicant flawed and reinstated him on garden leave - New disciplinary meeting held - Applicant dismissed for serious misconduct - Arguable case - Reinstatement very important to applicant's reputation and financial situation - Right to work supported by efforts of Union to obtain information and help from co-workers - Applicant had attempted to mitigate loss - Long service and unblemished record taken into account - Balance of convenience favoured applicant - Position filled on temporary basis - Respondent claimed some division in workplace over matter and applicant's role - Evidence not enough to convince Authority likely to lead to difficulties that could not be managed - Reinstatement not impracticable given size of respondent - Justice of matter favoured applicant - Interim reinstatement ordered - Team leader |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | wa 167_06.pdf [pdf 32 KB] |