Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 66/07
Hearing date 18 Jun 2007
Determination date 20 June 2007
Member J Crichton
Representation A Shakespeare ; T McGinn
Location Christchurch
Parties McVey v Atlas Securities Ltd
Summary INJUNCTION - Interim reinstatement - Applicant employed on fixed term agreement to complete opening of bar - Initial term three months, then extended as project not finished - Genuine reason for fixed term - Whether applicant offered and accepted permanent position - Documentary evidence suggested permanent position contemplated in future - Evidence enough to meet low threshold of arguable case test - Balance of convenience favoured respondent - Applicant in other employment - No clear role to return to - Respondent would have to effectively create position - Overall justice did not favour applicant - Untested evidence suggested dysfunctional working relationship between applicant and respondent's only employee, and stakeholders - Reinstatement would require resolution of relationship problem - Interim reinstatement declined - Substantive matter transferred to another Authority member who could offer parties earlier dates - Hospitality Director
Result Application dismissed ; Costs reserved
Main Category Injunction
Statutes ERA s66(1)(c);ERA s157
Number of Pages 6
PDF File Link: ca 66_07.pdf [pdf 26 KB]