Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 70A/08
Hearing date 24 may 2008
Determination date 24 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
Other Parties The New Zealand Fire Service Commission, Irvine, Luff
Summary INTERIM INJUNCTION - Applications for interim injunctions restraining appointments to two positions in Fire Service declined - Immediately filed application for short term interim injunction to permit them to urgently file a challenge to determination - Sought orders that appointments not proceed until specified date - Gave undertaking to file challenge by specified date - New Zealand Professional Firefighters’ Union gave undertaking to pay money into Employment Court to be held to cover any loss suffered by appointees - Respondent gave undertaking that neither appointee would take call as Assistant Fire Region Commanders until specified date - Authority accepted had jurisdiction to grant unsuccessful applicants to an interim injunction, pending challenge of the dismissal of their claims, an interim injunction to prevent challenge being rendered nugatory - Given short duration of interim injunction respondent not as injuriously affected as would have been under original application - Costs could be met by applicant’s undertakings - Interim injunction granted - Condition of granting interim injunction that would expire on order of Employment Court or specified date if challenge not filed - Respondent released from undertaking
Result Application granted ; Orders accordingly ; Costs reserved
Main Category Injunction
Number of Pages 3
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