| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 28A/08 |
| Hearing date | 14 Mar 2008 |
| Determination date | 25 March 2008 |
| Member | G J Wood |
| Representation | S Webster ; P Robertson |
| Location | Napier |
| Parties | Takurua v Te Aute College Board of Trustees & Anor |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant claimed constructively dismissed – Authority found applicant had arguable case, as was given option to resign or be dismissed by representative of first respondent, or subject to conduct by second respondent with dominant purpose of obtaining resignation – Authority found no adequate alternative remedy available to applicant – Found balance of convenience evenly poised, as no alternative employment available to applicant, but clear tension in relationships and between views of direction of school - Found applicant had fundamentally different philosophy to run school – Found issues of trust and confidence between key players not easily capable of repair – Found often impractical to order reinstatement in constructive dismissal cases – Found interests of third parties, school and pupils, weighed against applicant – Overall interests of justice weighed against interim reinstatement – Application for interim reinstatement declined - School principal |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424;Melville v Chatham Islands Council [1999] 2 ERNZ 76;NZEI v ANI School Trustees [1992] 3 ERNZ 243;Walesby v Sky Network Television Ltd unreported, Colgan J, 23 Dec 1997, AEC 114/97;Williams v The Malthouse Ltd [1993] 2 ERNZ 1075 |
| Number of Pages | 8 |
| PDF File Link: | wa 28a_08.pdf [pdf 32 KB] |