| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/09 |
| Hearing date | 2 Jul 2009 |
| Determination date | 06 July 2009 |
| Member | J Crichton |
| Representation | P McBride ; S Dyhrberg |
| Location | Wellington |
| Parties | A v B |
| Summary | INJUNCTION – Application for interim reinstatement – Length of service 16 years – Applicant provided employment advice to senior employee (“E”) of client of respondent - Part way through conversation applicant realised E seeking advice in personal capacity – Applicant did not inform E of conflicts of interest – Consequently respondent required to advise client of actual or potential conflict of interest – Respondent argued situation caused embarrassment as another employee of respondent acting for client in relation to E’s employment matter – Applicant summarily dismissed – Authority found arguable case – Applicant claimed would suffer irreparable harm to reputation, health, and family’s emotional and financial wellbeing if away from workplace – Applicant claimed harm potentially suffered by client modest – Authority found was dismissal of professional person and respondent’s business to give advice – Found respondent’s reputational concerns made out – Authority accepted fact applicant would need constant supervision simply impractical in circumstances – Found balance of convenience favoured respondent – Authority found overall justice favoured respondent – Application declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127(4);ERA second schedule cl10(1) |
| Number of Pages | 8 |
| PDF File Link: | wa 91_09.pdf [pdf 24 KB] |