| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59/09 |
| Hearing date | 30 Apr 2009 |
| Determination date | 04 May 2009 |
| Member | P Cheyne |
| Representation | M Knowler ; S Dalzell |
| Location | Queenstown |
| Parties | Adams v Airways Corporation of New Zealand Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Applicant dismissed for serious misconduct following disciplinary inquiry - Authority found applicant had arguable case - Found were enough issues raised about whether applicant’s conduct constituted serious misconduct and whether dismissal appropriate sanction for applicant to have arguable case - Authority found balance of convenience favoured respondent - Found respondent in position to pay compensation to cover lost income or other losses if applicant successful in substantive investigation - Found not case where opportunity for permanent reinstatement would be lost or materially compromised if interim reinstatement declined - Found was possibility respondent’s safety concerns valid - Found even at low level of possibility potential consequences very serious so that potential harm to respondent outweighed harm to applicant - Found overall justice favoured respondent - Application for interim reinstatement declined - Air Traffic Controller |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 6 |
| PDF File Link: | ca 59_09.pdf [pdf 24 KB] |