| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 85/01 |
| Determination date | 20 November 2001 |
| Member | G J Wood |
| Representation | A Douglass & M Wilton ; R Giles |
| Location | Wellington |
| Parties | Young v Armourguard Security Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Serious misconduct - Accused of theft of fruit belonging to respondent - Referred for police investigation - Disciplinary meeting regarding theft and other issues of misconduct - Action relating to allegations of theft to await outcome of police investigation - Dismissed for unauthorised removal of boxes from rubbish bin and falsification of alarm records - Whether arguable case - Claimed not guilty of theft and that other allegations exaggerated - If claims made out might have case for unjustified dismissal - Balance of convenience as with most cases favoured applicant - Potential contributory behaviour - Little evidence preventing respondent from rejecting applicant's explanation - Overall justice of case still favoured applicant - Interim reinstatement ordered - Parties to determine whether applicant to go on garden leave - Security guard |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s125 |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;Gratton v Wilder Transport Ltd unreported, Goddard CJ, 27 May 1999, WC 29/99;Melville v Chatham Islands Council [1999] 2 ERNZ 76;Port of Wellington Ltd v Longwith [1995] 1 ERNZ 87;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |