| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 385/06 |
| Hearing date | 20 Dec 2006 |
| Determination date | 22 December 2006 |
| Member | K Raureti |
| Representation | A Russell ; A Drake |
| Location | Auckland |
| Parties | Holley v Leading Edge Communications Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant sent allegedly offensive email to colleague - Respondent concerned about interests of female staff if applicant reinstated - Formal complaint made against applicant - When notified of compliant, applicant allegedly asked colleague to delete email and repeatedly phoned her - Dismissed after disciplinary meeting - Arguable case on procedural fairness principles - Balance of convenience favoured non-reinstatement to normal work - Satisfied remedies under Employment Relations Act 2000 appropriate if reinstatement not ordered – Overall justice of case leaned toward partially successful interim reinstatement – Immediate reinstatement required on certain conditions - Applicant to be put on paid garden leave - Not required to perform any work and not to visit workplace - Corporate accounts manager |
| Result | Application granted in part ; Costs reserved |
| Statutes | ERA s127 |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 5 |
| PDF File Link: | aa 385_06.pdf [pdf 33 KB] |