| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 133/07 |
| Hearing date | 24 Oct 2007 |
| Determination date | 08 November 2007 |
| Member | P Cheyne |
| Representation | D Clark ; M Beech, K Jones |
| Location | Blenheim |
| Parties | Brown v Trans Otway Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant dismissed after client’s freight damaged - Arguable case as applicant’s fault in causing damage disputed and elements of respondent’s process questioned - Strongly arguable reinstatement should be ordered in grievance upheld - Applicant unable to find similar work - Personal relationships between parties did not count against interim reinstatement, and re-establishing relationship now would facilitate any permanent reinstatement - Options open to respondent to mitigate risk of further mistake by applicant - Balance of convenience favoured applicant - Nothing about overall justice prevented interim relief - Interim reinstatement granted - Respondent able to place applicant on garden leave for some or all of normal duties - Driver |
| Result | Application granted ; Interim reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 8 |
| PDF File Link: | ca 133_07.pdf [pdf 30 KB] |