| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 160A/08 |
| Hearing date | 23 Oct 2008 |
| Determination date | 29 October 2008 |
| Member | P Cheyne |
| Representation | Z ; G Davenport |
| Location | Blenheim |
| Parties | The Applicant v The Respondent |
| Summary | UNJUSTIFIED DISADVANTAGE – Authority issued earlier determination declining application with reasons to be given later – Applicant claimed unjustifiably suspended by respondent – Applicant sought orders revoking suspension, declaring disciplinary investigation to date void, and prohibiting respondent continuing investigation – Respondent argued gave applicant opportunity to comment on suspension and when no objection decided to suspend pending conclusion of investigation – Authority found challenge to suspension on notion respondent not disclosed all information to applicant – Authority found no evidence to support argument applicant not provided with all information – Applicant claimed unfairly treated during suspension period – Authority rejected applicant’s complaint about duration of suspension – Authority found respondent sought and provided all details of allegations, responded to Authority applications, and attempted to obtain early date for mediation – Found elapse of time did not entitle applicant to orders revoking suspension – Found lawful and reasonable instruction applicant not enter respondent’s premises as part of suspension – Authority rejected applicant’s argument respondent did not allow retrieval of personal possessions from workplace – Authority rejected applicant’s argument respondent’s communications confusing – Authority found no breaches of good faith by respondent – Authority concluded would not make any orders restricting or restraining respondent from continuing disciplinary investigation |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Singh v Sterile Holdings Ltd unreported, Couch J, 22 September 2005, AC 53/05 |
| Number of Pages | 7 |
| PDF File Link: | ca 160a_08.pdf [pdf 25 KB] |