| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/02 |
| Determination date | 18 March 2002 |
| Member | H Doyle |
| Representation | F Wall ; P McBride |
| Location | Christchurch |
| Parties | McCleary v New Zealand Car Parts Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal proceedings - Poor performance - Dissatisfaction with performance over extended period - After-discovered misconduct - Arranged for production of calendar featuring topless women - Arguable case threshold not high - Serious question whether objective assessment of branch performance carried out - Undertakings from both parties - Difficulties in working relationships with managers - Serious inconvenience and potential detriment to respondent - Balance of convenience favoured respondent - No evidence of financial hardship - Willing to attend early mediation - Overall justice that interim reinstatement be refused - Branch manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s127(1);ERA s127(4) |
| Cases Cited | Eng Mee Yong v Letchumanan [1980] AC 331 |
| Number of Pages | 6 |
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