| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 63/07 |
| Hearing date | 23 Apr 2007 |
| Determination date | 26 April 2007 |
| Member | P R Stapp |
| Representation | F Lear ; K Spackman & L Inglis |
| Location | Wellington |
| Parties | Paewai v Te Reo Whakapuaki Irirangi t/a Te Mangai Paho |
| Summary | INJUNCTION - Interim reinstatement - Applicant summarily dismissed for serious misconduct, including bullying - Applicant had arguable case - Reimbursement of lost wages and compensation may be inadequate for loss of senior position, given type of position and industry - Arguable nature of case meant right to work should be preserved until substantive investigation - Work and paid employment clearly important to applicant - Balance of convenience favoured applicant - Matter filed quickly - Claimed not being at work caused isolation and cut off from industry - Applicant agreed return to work would be awkward - Overall justice favoured applicant - No reason reinstatement could not involve garden leave - Respondent submitted no position for applicant but not opposed to garden leave without conditions - Supported seriousness with which respondent considered decision and safety concerns for complainants - Waiver of conditions on garden meant undertaking for dames did not apply to wages - Interim reinstatement on garden leave ordered - Parties directed to mediation - Manager |
| Result | Application granted ; Interim reinstatement ordered ; Parties directed to mediation ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A;ERA s127 |
| Number of Pages | 8 |
| PDF File Link: | wa 63_07.pdf [pdf 94 KB] |