| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 277/08 |
| Hearing date | 30 Jul 2008 |
| Determination date | 04 August 2008 |
| Member | M Urlich |
| Representation | K Amodeo ; J Rooney |
| Location | Auckland |
| Parties | Edmunds v United Group (NZ) Ltd |
| Summary | INTERIM INJUNCTION – Applicant sought interim reinstatement pending personal grievance determination – Applicant provided undertaking as to damages – Authority found all required for arguable case was minimal lack of justification for dismissal – Respondent accepted given low threshold, applicant had arguable case – Applicant summarily dismissed without reasons – Respondent argued applicant’s poor performance justified dismissal – Applicant claimed respondent never formally challenged performance and shocked by dismissal – Authority found arguable respondent did not have reasonable grounds to dismiss – Applicant argued professional reputation very important as an experienced senior chief executive officer (“CEO”) – Claimed no sum would compensate fact out of work, unable to find alternative work due to restraining clauses, and reputation damaged as non-performing CEO – Respondent argued substantive investigation proximate and damages readily quantifiable – Authority found damages would not adequately remedy damage to applicant’s reputation – Authority found balance of convenience evenly weighted – Authority found overall justice favoured applicant – Interim reinstatement granted subject to conditions set out in Minute |
| Result | Application granted ; Interim injunction ordered ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s125;ERA s127 |
| Cases Cited | Ford v Hutt Valley Health Corporation Ltd [1994] 1 ERNZ 563;NZ (with exceptions) Food Processing IUOW v Unilever New Zealand Ltd [1990] 1;NZILR 35;X v Y Limited & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 5 |
| PDF File Link: | aa 277_08.pdf [pdf 23 KB] |