Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 176/06
Hearing date 11 Dec 2006
Determination date 15 December 2006
Member P Montgomery
Representation D Beck ; R Gibson
Location Christchurch
Parties Treymane v Canwest Radio NZ Ltd
Summary INJUNCTION – Applicant sought interim reinstatement to role as radio show host – Applicant made redundant when not appointed to new position after respondent restructured – Scope of new position now reduced but applicant’s original show reformatted – Respondent firmly of view applicant’s presentation style incompatible with new format – Applicant alleged redundancy engineered - Met arguable test case by slender margin – Applicant’s desire to return to work in region did not weigh particularly heavy in balance of convenience – Applicant in receipt of income and little said about financial hardship – Balance of convenience favoured respondent – Adequate remedies available if applicant successful – Respondent’s decision challenged five months after event – Applicant well treated during termination and respondent gave undertaking not to fill vacancy until substantive determination – On evidence before Authority, likelihood of succeeding not strong – Interim reinstatement declined - Radio show host
Result Application dismissed ; No order for costs
Number of Pages 3
PDF File Link: ca 176_06.pdf [pdf 23 KB]