| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 200A/07 |
| Hearing date | 27 Aug 2007 |
| Determination date | 10 September 2007 |
| Member | D King |
| Representation | M Beech ; M Hammond |
| Location | Auckland |
| Parties | Wynne v The Order of St John Midland Regional Trust Board |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant suspended and subsequently dismissed for serious misconduct – Co-workers and volunteers made numerous allegations/complaints about applicant’s conduct – Authority found applicant had arguable case, despite concerns about permanent reinstatement – Took into account number of people with negative experiences in dealing with applicant – Respondent concerned about exposure to claims of breach of duty to provide safe workplace if application granted – Number of co-workers and volunteers fearful and anxious about applicant returning to work - Interests of third parties strong factor tipping balance of convenience against applicant – Respondent’s lack of trust and confidence in applicant made reinstatement impracticable - Balance of convenience favoured respondent - Detriment to respondent would be finding ways to ensure limited or no contact with complainants – Applicant could be adequately compensated by damages – Applicant’s position disestablished – Uncertainty about which position would be reinstated to weighed against applicant - Overall justice of case favoured respondent - Complainants names and details suppressed |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Clarke v Attorney General [1997] 1 ERNZ 600;Counties Manukau v Trembath [2001] ERNZ 847;Ford v Hutt Valley Health [1994] 1 ERNZ 563;Hobday v Timaru Girls High School Board of Trustees [1993] 2 ERNZ 146;Madar v P & O Services (NZ) Ltd [1999] 2 ERNZ 174;South Taranaki Free Kindergarten Association v McLennan unreported, Shaw J, 1 December 2006, WC 22/06;T v Attorney General unreported, Goddard CJ, 13 September 1995, WEC 62/95;X v Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 12 |
| PDF File Link: | aa 200a_07.pdf [pdf 43 KB] |