| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 421/08 |
| Hearing date | 5 Dec 2008 |
| Determination date | 12 December 2008 |
| Member | L Robinson |
| Representation | J Watson ; P Robertson |
| Location | Auckland |
| Parties | Masina v Tukaki Waititi on behalf of and as the Commissioner of Te Kura Kaupapa Maori o Kokiri o Te Rahuitanga o Otara |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Application for interim injunction restraining appointment of permanent principal – Applicant dismissed following New Zealand Teachers Council’s (“NZTC”) refusal to grant applicant limited authority to teach (“LAT”) – Applicant had no approved teacher education qualification – Previously received consecutive LATs – NZTC denied application for further LAT - No authority to teach – Applicant did not appeal NZTC’s decision at first instance – Respondent concluded employment could not continue where no authority to teach – No evidence applicant would obtain new LAT – Authority found arguable case – Found arguable whether applicant could remain employed but not authorised to teach – To be determined whether contract frustrated – Found arguable whether respondent’s correspondence with NZTC constituted unjustified disadvantage - Respondent had duty to act in good faith - No direct input sought from applicant – No consideration of alternatives to dismissal – Found arguable whether respondent failed to comply with terms of mediated settlement by not supporting applicant’s LAT application – Found balance of convenience favoured respondent – Applicant claimed balance of convenience in their favour due to real possibility position would be lost if injunction denied – Respondent claimed impractical interim reinstatement – Authority acknowledged respondent’s concern regarding the legality of employing applicant without LAT – Applicant unreasonably delayed seeking interim injunction – Intervening period between interim hearing and substantive proceedings short – No good reason given for not appealing NZCT’s decision – Authority found overall justice favoured respondent – Other solutions inappropriate – Interim reinstatement declined – Interim injunction restraining appointment of permanent principal declined – Principal |
| Result | Application declined ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127;ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | aa 421_08.pdf [pdf 33 KB] |