| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 70/07 |
| Hearing date | 26 Jun 2007 |
| Determination date | 27 June 2007 |
| Member | P Cheyne |
| Representation | J Guthrie ; L Brook |
| Location | Dunedin |
| Parties | Jinkinson v Oceana Gold (New Zealand) Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant made redundant after role disestablished and not selected for redeployment - Respondent accepted arguable case in relation to justification for dismissal and redeployment issue - Applicant claimed would suffer hardship if not reinstated but almost no evidence to establish extent - Respondent experienced staff turnover in positions suitable for applicant - Applicant argued availability of positions meant interim reinstatement could be ordered without negative impact on third parties or respondent - However, also meant not a case where interim reinstatement required to preserved remedy as respondent able to accommodate order for reinstatement just as easily in future - Most significant factors were delay in seeking interim reinstatement and relatively short time until substantive investigation - No compelling case for reinstatement before substantive determination in light of delays - Respondent also submitted interim reinstatement would be disruptive to current team - Applicant's undertaking not likely to be adequate remedy for such damage - Balance of convenience favoured respondent - Criticism respondent would not attend mediation until directed to did not advance applicant's application - Application for interim reinstatement declined - Grade Control Sampler |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4(1A) |
| Number of Pages | 5 |
| PDF File Link: | ca 70_07.pdf [pdf 27 KB] |