| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 406/07 |
| Hearing date | 20 Dec 2007 |
| Determination date | 21 December 2007 |
| Member | A Dumbleton |
| Representation | C Patterson ; E Brown |
| Location | Auckland |
| Parties | McDonald v Integrated Foods Ltd |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant declined to attend disciplinary meeting to discuss performance and conduct - Respondent concluded summary dismissal warranted - Issue of predetermination raised - Respondent conceded arguable case - Respondent entitled to protect reputation as farm operator - Compensation adequate remedy if applicant’s reputation damaged by unjust dismissal - Respondent agreed to extend tenancy on farm house rent free - Balance of convenience favoured respondent - Several serious allegations against applicant - Applicant chose not to participate in disciplinary process - Grounds for allegation of predetermination not strong - Strength of grounds for dismissal led to conclusion overall justice favoured respondent - Injunction declined - Farm manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA 101(c);ERA s125;ERA s127 |
| Number of Pages | 8 |
| PDF File Link: | aa 406_07.pdf [pdf 39 KB] |