| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 61/02 |
| Determination date | 11 March 2002 |
| Member | K J Anderson |
| Representation | G Pollak ; P Kiely & D France |
| Location | Auckland |
| Parties | Pomare v Carter Holt Harvey Ltd - Kinleith Mill, Tokoroa |
| Summary | INTERIM INJUNCTION - Order sought to restrain continuation of investigation into misconduct - Theft - Criminal proceedings pending - Applicants participated willingly in initial interviews - Admitted taking metal bars but thought they were scrap metal - Referred to police - Prosecutions laid - Whether arguable case - Right to silence - Potential loss of real opportunity to be heard in disciplinary investigation - Arguable case - Balance of convenience lay with respondent - Trial at least six months away - No option to return to work as loss of trust and confidence - Unreasonable burden for respondent to pay full wages over that period - Other remedies probably not reasonably available - Observations in Russell v Wanganui City College considered for overall justice of case - Entitled to conduct investigation - Grave matter to interfere with entitlement - Not entitled as of right to postponement of disciplinary process - Already stated much of their case to respondent - Double jeopardy - No real danger of injustice - No grounds for injunction - PRACTICE AND PROCEDURE - Application for order directing parties to mediation - Order no longer appropriate |
| Result | Application dismissed ; Costs reserved |
| Statutes | New Zealand Bill of Rights Act 1990 s23(4) |
| Cases Cited | Harris v Courage (Eastern) Ltd [1982] IRLR 509;Melville v Chatham Islands Council [1999] 2 ERNZ 76;Russell v Wanganui City College [1998] 3 ERNZ 1076;Sotheran v Ansett New Zealand Ltd [1999] 1 ERNZ 548;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd [1983] ACJ 653;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 8 |
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