| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 347/08 |
| Determination date | 01 October 2008 |
| Member | R A Monaghan |
| Representation | S Scott, M Chambers ; A Gane |
| Location | Auckland |
| Parties | Te Ao v Chief Executive of the Department of Labour |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant dismissed following investigation into misconduct – Authority found applicant had arguable case concerning fairness and reasonableness of respondent’s conclusions about nature and quality of applicant’s conduct – However, found applicant’s case weakened by admissions about alleged conduct – Authority found any inconvenience applicant suffered could be compensated by financial damages – Authority found respondent’s concerns about putting clients at risk by allowing reinstatement arguably met by “garden leave” – Respondent argued could not justify reinstatement of applicant on “garden leave” due to public perception and expenditure of public funds – Authority found balance of convenience in favour of respondent due to lack of evidence for applicant and weight of respondent’s public responsibilities – Overall justice favoured respondent – No interim reinstatement - Mediator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s144;ERA s148(2);State Sector Act 1988 s59 |
| Cases Cited | Te Ao v Chief Executive of the Department of Labour [2008] ERNZ 311 |
| Number of Pages | 6 |
| PDF File Link: | aa 347_08.pdf [pdf 23 KB] |