| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/09 |
| Hearing date | 25 Mar 2009 |
| Determination date | 27 March 2009 |
| Member | G J Wood |
| Representation | C McGuinness ; K Spackman, D Traylor |
| Location | Wellington |
| Parties | Solomon v Chief Executive, Department of Corrections |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant resigned when mentally unwell - Claimed respondent knew or ought to have known was mentally unwell and resignation was constructive dismissal - Authority found applicant had arguable case even though very unusual for reinstatement to be awarded in claims of constructive dismissal - Found balance of convenience favoured respondent - Found, by very narrow margin, no completely adequate alternative remedy available to applicant as reinstatement would assist in recovery from illness - Found however, near proximity of substantive investigation and inconvenience to respondent in having to create temporary role for applicant outweighed benefits of applicant working in interim - Found overall justice favoured respondent - Application declined - Social worker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Cliff and Anor v Air New Zealand Ltd [2005] 1 ERNZ 1;Congoleum Corporation v Poly-Flor Products (NZ) Ltd [1979] 2 NZLR 560;Melville v Chatham Islands Council [1999] 2 ERNZ 76 |
| Number of Pages | 6 |
| PDF File Link: | wa 38_09.pdf [pdf 33 KB] |