| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 212/08 |
| Hearing date | 13 Jun 2008 |
| Determination date | 18 June 2008 |
| Member | R A Monaghan |
| Representation | R Poole ; M Round |
| Location | Auckland |
| Parties | Gwilt v Briggs & Stratton Ltd |
| Summary | INJUNCTION - Interim reinstatement - Applicant dismissed as respondent considered he refused to run training courses - Arguable case in respect of whether applicant received sufficient training to present courses, whether refused to carry out duties and whether dismissal on those grounds justified - No evidence to support applicant’s assertion would suffer extreme financial distress and loss of reputation and opportunities for re-employment if no interim reinstatement - Respondent contended reinstatement not appropriate as alleged applicant threatened manager after dismissal - Too much emphasis on statement likely made in heat of moment - Respondent’s concern applicant would sabotage business if returned also not given weight - Balance of convenience favoured applicant - Likelihood of permanent order for reinstatement relevant - Authority unable to say whether one side more likely to succeed in substantive matter but doubted permanent reinstatement would be sought or ordered - Applicant had begun looking for new job overseas before dismissal - Not committed to remaining at respondent - Determinative of issue - Application declined - Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 11 |
| PDF File Link: | aa 212_08.pdf [pdf 35 KB] |