| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 169/08 |
| Hearing date | 10 Dec 2008 |
| Determination date | 16 December 2008 |
| Member | G J Wood |
| Representation | B Buckett ; A Sherriff |
| Location | Wellington |
| Parties | Gibbons v Secretary of Justice |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant dismissed for redundancy following restructure – Applicant claimed respondent breached terms of employment agreement (“EA”) – EA provided for negotiation of appointment to another position following disestablishment of applicant’s position – Applicant claimed respondent did not fairly reassign or appoint applicant to vacancies under new structure – Authority found arguable case – Substantive hearing necessary to determine the meaning of relevant clauses in EA – Found balance of convenience slightly favoured applicant – Found damages inadequate due to length of time applicant unemployed until substantive hearing – Found overall justice favoured respondent – Found applicant faced significant hurdles to establish unjustified dismissal due to failure to offer different position – Procedural unfairness for redundancy will not result in reinstatement if position disestablished – Applicant’s case for reinstatement weak – Application for interim reinstatement declined – Chief Registrar |
| Result | Application declined ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Cliff v Air New Zealand Limited [2005] ERNZ 1;NZ Fasteners Ltd v Thwaites [2000] 1 ERNZ 739;Port of Wellington v Longwith [1995] 1 ERNZ 87;Rush v Central and Hawkes Bay District Council, unreported, Goddard CJ, 29 September 1998, WC62/92;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | wa 169_08.pdf [pdf 34 KB] |