Taylor v Juniper Networks Australia Pty Ltd

Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 103/08
Hearing date 13 Mar 2008
Determination date 18 March 2008
Member V Campbell
Representation J Roberts ; M Quigg
Location Auckland
Parties Taylor v Juniper Networks Australia Pty Ltd
Summary INJUNCTION - Application for interim reinstatement - Applicant dismissed following investigation into allegations entered into transactions and arrangements with intention to misrepresent amount of product sold by respondent and respondent’s parent company - Authority found applicant had strongly arguable case with regard to respondent’s inquiry into allegations - Found number of senior managers involved in arrangements and knew of applicant’s activities - Applicant gave evidence unable to find alternative employment as result of non-solicitation clause in employment agreement - Authority found similar roles to applicant’s with level of remuneration and seniority uncommon in New Zealand - Respondent claimed damages adequate alternative remedy and respondent’s reputation damaged if applicant returned to work - Authority found any damage to respondent’s reputation could be minimised by putting applicant on garden leave - Authority concluded balance of convenience favoured applicant - Applicant received clear instructions from superiors, had no control over certain aspects of arrangements and sought approval before deals made - Authority found overall justice favoured applicant - Interim reinstatement ordered on conditions - Conditions being specified start date for interim reinstatement, rate of remuneration and that respondent to elect whether to put applicant on paid garden leave or not - Account manager
Result Application granted ; Interim reinstatement ordered on conditions ; Costs reserved
Main Category Injunction
Statutes ERA s125;ERA s127
Cases Cited Cliff v Air New Zealand Ltd [2005] 1 ERNZ 1
Number of Pages 7
PDF File Link: aa 103_08.pdf [pdf 38 KB]
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