| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 62/09 |
| Hearing date | 8 May 2009 |
| Determination date | 11 May 2009 |
| Member | H Doyle |
| Representation | S Graham ; P Shaw |
| Location | Christchurch |
| Parties | Coleman v Rick Armstrong Motors Peugeot Ltd |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed following misconduct investigation – Respondent claimed dismissal justified due to applicant’s admission – Disciplinary meeting held to discuss allegation applicant issued Warrant of Fitness (“WOF”) on personal vehicle at home – Applicant admitted to undertaking WOF inspection at home but disputed issuing WOF – Applicant received dismissal letter same day – Applicant claimed arguable case existed under three heads – First whether applicant advised prior to meeting dismissal a possible outcome – Second whether applicant admitted to allegations in dismissal letter – Third when WOF was issued – Authority found arguable case under all heads – Respondent claimed lack of trust and confidence in applicant – Claimed applicant put respondent at risk of breaching industry standards – Authority noted lack of evidence applicant submitted in regards to balance of convenience – Found relative hardship greater for applicant – Found applicant had requested immediate reinstatement – Applicant currently unemployed - Date of substantive hearing far away – Damages inadequate remedy – Substantive investigation needed to determine whether applicant falsely passed vehicle for WOF - Found overall justice in applicant’s favour – Found reinstatement primary remedy and respondent’s concerns remedied by conditional reinstatement – Reinstatement granted on condition applicant adhere strictly to respondent policy and procedure – Vehicle Inspector |
| Result | Application granted ; Costs reserved ; Reinstatement granted (on condition) |
| Main Category | Injunction |
| Statutes | ERA s127 |
| Number of Pages | 6 |
| PDF File Link: | ca 62_09.pdf [pdf 25 KB] |