| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 83/09 |
| Hearing date | 12 Jun 2009 |
| Determination date | 12 June 2009 |
| Member | G J Wood |
| Representation | J Blake-Palmer, G Ballara ; P McGrath |
| Location | Wellington |
| Parties | Blackaby v Parex Industries Ltd |
| Summary | INJUNCTION - Applicant sought interim injunction restraining respondent from dismissing applicant from employment - Matter heard under urgency - Applicant claimed respondent disregarded applicant's concerns about manager - Applicant claimed raised personal grievance, then was notified of dismissal for redundancy - Authority found applicant had arguable case of unjustified dismissal - Found balance of convenience favoured applicant because applicant being paid regardless as was still within paid notice period - Authority found overall justice of case favoured applicant - Found strong temporal connection between raising of personal grievance and dismissal for redundancy without consultation - Interim injunction granted |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Clifford v Air New Zealand Limited [2005] ERNZ 1;Melville v Chatham Islands District Council [1999] 2 ERNZ 76;Simpson Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 3 |
| PDF File Link: | wa 83_09.pdf [pdf 17 KB] |