| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 70/08 |
| Hearing date | 23 May 2008 |
| Determination date | 26 May 2008 |
| Member | G J Wood |
| Representation | B Corkill, P Cranney ; P McBride |
| Location | Wellington |
| Parties | The New Zealand Chief and Deputy Chief Fire Officers' Society and Ors v The New Zealand Fire Service Commission and Anor |
| Other Parties | The New Zealand Fire Service Commission, The New Zealand Professional Firefighters' Union, Irvine, Luff, The Chief Executive of the New Zealand Fire Service |
| Summary | INTERIM INJUNCTION - Reasons for determination of Authority on interim injunctions - Following a resignation Fire Service created two new roles - Mr Irvine (“I”) and Mr Luff (“L”) applied for the positions but were unsuccessful - Two other people were appointed to the roles (“the appointees”) - New Zealand Chief and Deputy Chief Fire Officers’ Society (“Society”) raised concerns about appointments - Society considered appointees not competent - Sought cancellation of appointments and re-advertisement - L and I applied for informal and formal review of appointments as allowed for under Fire Service Act 1975 - L’s application for review declined as had not provided appropriate information - I’s application accepted but review committee recommended appointment be upheld - Society applied for interim injunction restraining respondent from taking further steps to employ appointees until further order of Authority - Claimed respondent breached collective employment agreement - New Zealand Professional Firefighters’ Union (“Union”) and L and I applied for interim injunction - Raised same concerns as Society and also alleged bias on part of selection panel, incorrectly prepared job description, and irrational system of assessment - Also claimed Chief Executive predetermined decision, review committee inappropriately constituted, L’s application for review improperly rejected, and I’s review application not fairly considered - Society incorporated issues raised by Union into claim - Proceedings consolidated - Respondents argued appointments properly made and matter one of judicial review outside Authority jurisdiction - Improper appointment if applicants’ could establish case of bias - Just because concerns could be raised by judicial review did not mean Authority had no jurisdiction - Serious question to be tried - Damages not appropriate remedy for either party - Case about preserving and maintaining parties’ rights and obligations - Applicants claimed if injunction not awarded would be subject to unacceptable health and safety risk - If injunction granted respondent would be required to breach employment agreements and suffer reduction in management resources - While Authority loath to intervene in appointment process would do so if appointments not validly made - Applicants less injuriously affected by refusal to grant interim injunction than respondents - Union’s delays should not count against granting of injunction as sought same remedies as Society, and Society did not delay - Significant adjustments appointees made to lives factor against granting injunction - No account taken of allegations against all parties that did not come to Authority with “clean hands” - Likely to be caused by misunderstanding rather than poor conduct - Commission aware of applicants’ concerns when appointments made - Status quo for purposes of applications was prior to employment becoming unconditional - Balance of convenience favoured respondents - Authority will be able to do justice to applicants even if appointees start work - Nothing in overall justice of case to lead to different conclusion – Applications dismissed |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA;Fire Service Act 1975 s65;Fire Service Act 1975 s67 |
| Cases Cited | Creedy v Commissioner of Police [2008] NZSC 31;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries [1985] 2 NZLR 140 |
| Number of Pages | 11 |
| PDF File Link: | wa 70_08.pdf [pdf 49 KB] |