| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 334/08 |
| Hearing date | 19 Sep 2008 |
| Determination date | 23 September 2008 |
| Member | A Dumbleton |
| Representation | K Nicolson ; J Douglas |
| Location | Auckland |
| Parties | Arora v Sato New Zealand Ltd |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant effectively respondent’s chief financial officer - Applicant dismissed for serious misconduct following investigation into his performance during audit of respondent - Authority found arguable case as to applicant’s culpability in providing incorrect information to auditors - Found arguable case as to whether supplying incorrect information amounted to falsifying information as required by employment agreement to justify finding of serious misconduct - Found arguable case as to weight respondent placed on applicant’s apparent lack of acknowledgment of responsibility for information supplied to auditors - Authority found arguable case but not strong arguable case - Found appeared applicant did supply auditors with inaccurate information - Found respondent could have reasonably expected applicant to have discovered problems before information supplied to auditors - Found not strong argument applicant’s actions could not amount to falsification of information - Authority found balance of convenience favoured respondent - Found three months since applicant dismissed - Found poor relationship between applicant and manager which would hinder restoring productive working relationship - Found respondent entitled to be concerned by applicant’s dismissive attitude to professional obligations - Found applicant could be adequately compensated by compensation and reimbursement of lost wages if successful in substantive hearing - Found overall justice favoured respondent - Found real risk of relationship breaking down and possibly preventing permanent reinstatement if interim reinstatement granted - Application for interim reinstatement declined - General Manager, Shared Services |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s101C;ERA s125;ERA s127 |
| Number of Pages | 8 |
| PDF File Link: | aa 334_08.pdf [pdf 38 KB] |