| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 294/07 |
| Hearing date | 27 Jul 2007 |
| Determination date | 24 September 2007 |
| Member | R Arthur |
| Representation | A Simperingham ; D Erickson |
| Location | Auckland |
| Parties | Shone v Gisborne Intermediate School Board of Trustees |
| Summary | INJUNCTION - Applicant sought injunction to prevent respondent stopping pay while awaited trial on criminal charges – Collective Employment Agreement (CEA") provided if alleged conduct deemed sufficiently serious employee may be either suspended with or without pay or transferred temporarily to other duties – CEA did not provide for particularly serious allegation to automatically require suspension without pay – Once hurdle of sufficient seriousness reached, all three options equally open to respondent – How parties intended for respondent to choose between options not answered by plain reading of CEA – Powers and obligations of respondent to be interpreted consistently with New Zealand Bill of Rights Act – Principle of presumption of innocence until proven guilty according to law important to rule of law in society – Respondent's decision to suspend without pay, in circumstance of impending trial on criminal charges, carried inevitable taint of guilt – Applicant entitled to benefit of presumption until decision made by Court – Parties could not have intended suspension without pay while awaiting trial – Respondent’s proposal neither fair nor reasonable in all circumstances – As no formal decision made by respondent to change basis of suspension, no orders presently needed – Leave reserved to apply should position change" |
| Result | Application dismissed ; no order for costs |
| Main Category | Injunction |
| Statutes | Education Act 1989;New Zealand Bill of Rights Act 1990 s25(c);New Zealand Bill of Rights Act 1990 s5;New Zealand Bill of Rights Act 1990 s6;New Zealand Bill of Rights Act 1990 s4;State Sector Act 1988 |
| Cases Cited | ASTE v Hampton [2002] 1 ERNZ 491;Hansells (NZ) Limited v Ma [2007] ERNZ 637 |
| Number of Pages | 14 |
| PDF File Link: | aa 294_07.pdf [pdf 47 KB] |