| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 77/08 |
| Hearing date | 27 May 2008 |
| Determination date | 05 June 2008 |
| Member | P Montgomery |
| Representation | A McKenzie ; J Holden |
| Location | Christchurch |
| Parties | B v Attorney-General in respect of the Ministry of Social Development |
| Summary | INJUNCTION - Interim reinstatement - Respondent conceded applicant had arguable case, but submitted not a strong one - Claimed bail conditions imposed on applicant as result of criminal prosecution prevented him returning to former role and not able to accommodate him in another role - Applicant submitted financial situation supported reinstatement - Had found new employment but had lower net income - Balance of convenience near equilibrium, but marginally favoured respondent as it would be able to meet any subsequent orders of Authority - Applicant accepted actions which gave rise to dismissal constituted error of judgment and placed applicant and young person at risk in terms of health and safety expectations - Significant concession, even in light of applicant’s claims of procedural unfairness - Applicant had also sought stay of substantive determination pending outcome of criminal proceedings - Respondent should not to be required to accommodate delay at own cost - Overall justice favoured respondent - PRACTICE AND PROCEDURE - Whether substantive matter could or ought to be determined prior to criminal trial - Parties to make further submissions on issue and any variation sought to non-publication order - Youth worker |
| Result | Application declined ; Orders accordingly ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 4 |
| PDF File Link: | ca 77_08.pdf [pdf 19 KB] |