| Summary |
INJUNCTION - Application for interim reinstatement - Applicant’s relationship with senior account manager (“K”) strained - Parties disputed cause of strain - K claimed applicant made comment he considered was admission of disclosure of confidential information to person outside respondent, but working in industry - Following meetings with applicant decision made to dismiss applicant for serious misconduct, namely breach of employment agreement by disclosing confidential information to third party - Authority found applicant had strongly arguable case - Found substantive investigation could find respondent’s view about applicant’s performance, and role and relationship with K could have coloured respondent’s actions - Found clearly arguable case about what applicant said and whether it amounted to breach of confidentiality in regard to commercially sensitive information - Found issues of predetermination and procedural failure - Found applicant not informed and put on notice breached confidentiality and that faced possibility of dismissal - Found applicant not told suspension considered and rejected, therefore, no input into alternatives - Found decision to dismiss made before final meeting and pre-prepared letter handed to applicant at meeting - Found procedural failures could impact on substantive justification of dismissal and whether respondent’s actions those of fair and reasonable employer - However, serious question as to whether reinstatement practical - Authority found balance of convenience favoured applicant - Reinstatement primary remedy under Employment Relations Act 2000 - Found applicant appeared to be genuinely seeking reinstatement - Found applicant entitled to work and had provided undertaking for damages - Found respondent had not adequately quantified damages for risk claimed faced if applicant could not pay damages - Authority accepted applicant facing financial difficulty since dismissal - However, nothing to suggest could not pay damages under undertaking - Authority found overall justice favoured applicant - Authority expected parties to be able to manage difficulties in relationship now applicant represented - Applicant to be reinstated on garden leave - Account manager |