| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/07 |
| Hearing date | 11 Oct 2007 |
| Determination date | 15 October 2007 |
| Member | P Cheyne |
| Representation | G Lloyd ; S Wilson |
| Location | Christchurch |
| Parties | A v B |
| Summary | IN JUNCTION – Applicant sought injunction to prevent respondent continuing employment investigation – Charged with possession of drugs – Granted name suppression by District Court – Order prohibiting publication of identifying details made by Authority - Respondent told of arrest by police - Suspended applicant and began investigation - Respondent aware applicant may also have breached code of conduct constraints on relationships between employees and those in employer’s control - While respondent assured confidentiality of employment investigation, likely statements would come to attention of or be discoverable by police - Significant overlap between employment investigation and criminal charges - Real danger of injustice arising in criminal proceedings if required to answer questions - Respondent said would not draw any adverse inference if applicant said nothing - However, did not resolve the problem - Applicant not told of entitlement to advice, support and representation until after exchange with managers that respondent sought rely on - Made it more important applicant had proper opportunity to explain or deny exchanges – Damages inadequate alternative remedy for any injustice that did arise – Applicant suggested risked criminal charges arising from relationship allegations or that may have to say something relevant to existing criminal charges to properly answer concerns - However, Authority found relationship allegations essentially unconnected to existing charges - Appeared order could be made leaving it open for respondent to question applicant about those allegations - Suspension able to continue and applicant gave undertaking as to damages – Applicant favoured by balance of convenience and overall justice - Pending further order of the Authority, respondent restrained from continuing employment investigation into allegations directly related to criminal charges currently pending against applicant - Order to be reviewed promptly following next District Court appearance |
| Result | Application granted ; Orders accordingly ; Costs reserved. |
| Main Category | Injunction |
| Statutes | Misuse of Drugs Act 1975 |
| Cases Cited | Russell v. Wanganui City College [1998] 3 ERNZ 1076;Southeran v. Ansett NZ Ltd [1999] 1 ERNZ 548;Wackrow v.Fonterra Cooperative Group Ltd [2004] 1 ERNZ 350;Sing v Chief Executive Officer of the Department of Labour [2005] ERNZ 569;McMahon v. Gould (1982) 1 ACLC 98 |
| Number of Pages | 7 |
| PDF File Link: | ca 120_07.pdf [pdf 30 KB] |