| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 262/08 |
| Hearing date | 30 Jun 2008 |
| Determination date | 18 July 2008 |
| Member | L Robinson |
| Representation | J Ka ; P MacDonald |
| Location | Auckland |
| Parties | Tatupu v Bledisoe New Zealand Ltd |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant dismissed for incompatibility – Applicant lodged undertaking to abide by any Authority order in respect of damages that may be sustained through granting interim reinstatement – Authority did not assess application on its merits as considered applicant unable to meet undertaking – Authority found applicant did not understand effect of undertaking – Authority required applicant to provide evidence that had means to satisfy undertaking and of financial hardship – Applicant provided evidence of family’s budget and pledge by applicant’s mother-in-law (“P”) that would borrow money against equity of residential property – Found budget showed expenditure greater than income - Found pledge by P insufficient as no evidence of value of property, pledge not equivalent to pledge by applicant and doubted whether P could be compelled to meet pledge – Found undertaking significant requirement in reinstatement application and could sway balance of convenience test – Found applicant did not have means to satisfy undertaking provided – Application not supported by effective undertaking – Authority declined to consider application for interim reinstatement further – Application declined – Mediation ordered - Funeral director |
| Result | Application dismissed ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127;ERA s127(3) |
| Cases Cited | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Air Nelson Limited unreported, Colgan CJ, 17 June 2007, CC 12/07 |
| Number of Pages | 4 |
| PDF File Link: | aa 262_08.pdf [pdf 21 KB] |