| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/08 |
| Hearing date | 6 May 2008 |
| Determination date | 14 May 2008 |
| Member | L Robinson |
| Representation | S Hoskin, J Armstrong ; S Langton, M O'Brien |
| Location | Auckland |
| Parties | Blackmore v General Distributors Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant dismissed for serious misconduct arising from relationship with co-worker - Respondent conceded applicant had arguable case - Applicant submitted may have to move cities as unable to support himself - Convincing case of financial hardship suggested applicant did not have means to satisfy undertaking as to damages - Further evidence requested and satisfactorily provided - Applicant also submitted return to work would significantly benefit mental health - Claimed unable to look for new employment because of dismissal - Respondent had genuine and reasonably held concerns about safety of co-worker if applicant reinstated - Applicant absent from workplace for five months as suspended prior to dismissal - Appointment made to vacancy - Early substantive hearing available - Balance of convenience favoured respondent - However, Authority mindful of hardship to applicant - Overall justice required some form of relief given very real financial hardship applicant would suffer - Interim reinstatement granted subject to garden leave type conditions - Applicant not required to perform work duties - Respondent not required to allow him to perform duties - Order deemed to have effect from date of termination - Duty Manager |
| Result | Application granted ; Interim reinstatement ordered on conditions ; Orders accordingly ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A;ERA s125;ERA s127 |
| Cases Cited | NZ Stevedoring Co Ltd & Ors v NZ Waterfront Workers Union [1990] 3 NZILR 308;Sefo v Sealord Shellfish Ltd unreported, Colgan CJ , 17 April 2008, CC4A/08 |
| Number of Pages | 11 |
| PDF File Link: | aa 177_08.pdf [pdf 40 KB] |