| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 435/08 |
| Hearing date | 17 Dec 2008 |
| Determination date | 22 December 2008 |
| Member | J Wilson |
| Representation | G Pollak ; SJ Davies |
| Location | Auckland |
| Parties | Daly v Northern Auckland Kindergarten Association |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed unjustified suspension and dismissal – Respondent held disciplinary meeting to discuss applicant’s behaviour – Applicant notified dismissal may result – Meeting resulted in suspension of applicant to allow investigation – Second meeting held – Respondent raised dismissal with applicant citing lack of trust – Applicant dismissed following day – Authority found arguable case – Found balance of convenience slightly favoured applicant – Applicant claimed balance in their favour due to no detriment suffered, length of employment and no income – Alternatively claimed garden leave appropriate until substantive determination – Respondent claimed unworkable employment relationship due to lack of trust – Respondent claimed insufficient work available and adequacy of damages if permanent reinstatement later granted favoured respondent - Found convenience finely balanced but quick substantive determination weighs slightly in applicant’s favour – Found parties’ arguments about adequacy of damages balanced – Found overall justice slightly favoured applicant – Found whether lack of trust a permanent barrier to employment relations a substantive matter – Found alleged lack of trust manageable if conditions imposed on interim reinstatement – Suggested conditions of garden leave, restrictions on contact and access to premises – Interim injunction granted on conditions respondent found appropriate – Kindergarten Teacher |
| Result | Application granted (conditional) ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s125 |
| Number of Pages | 6 |
| PDF File Link: | aa 435_08.pdf [pdf 24 KB] |