| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 201/09 |
| Hearing date | 16 Jun 2009 |
| Determination date | 23 June 2009 |
| Member | A Dumbleton |
| Representation | M Ryan ; R Harrison |
| Location | Auckland |
| Parties | Butterworth v TBA Communications Ltd |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant claimed redundancy substantively and procedurally unjustified – Applicant commenced employment on part-time basis and later promoted to part-time manager – Respondent raised prospect of applicant working full-time as manager – Conflict of evidence whether position offered and accepted by applicant – Respondent disestablished part-time position and advertised for full-time manager – Authority found applicant’s claim offered full-time position weak however met arguable case threshold – Applicant claimed had financial difficulties and damages inadequate remedy – Respondent claimed status quo not employment with respondent because manager position filled and part-time position disestablished therefore applicant would be on garden leave – Claimed loss compensable by remuneration while on garden leave – Found balance of convenience and overall justice favoured respondent – Found if applicant successful in substantive claim, reinstatement may not be practicable therefore likely monetary remedies would be awarded - Operator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s101C;ERA s125;ERA s127 |
| Number of Pages | 7 |
| PDF File Link: | aa 201_09.pdf [pdf 25 KB] |