| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 169/09 |
| Hearing date | 22 May 2009 |
| Determination date | 27 May 2009 |
| Member | A Dumbleton |
| Representation | P McBride, T Kennedy ; P Churchman, S Maclean |
| Location | Auckland |
| Parties | Smith v The Commissioner of Police |
| Summary | INJUNCTION – Application for interim injunction – Applicant sought interim injunction restraining respondent from continuing review into applicant’s employment – Independent reviewer advised applicant of review and information sought – Respondent opposed application – Authority satisfied arguable case established – Respondent argued not performance review of applicant – Applicant claimed review announced to applicant without any prior consultation – Authority found balance of convenience favoured respondent – Found at this stage review a structured systematic enquiry by respondent into way applicant carrying out role – Found general principle employer entitled to ascertain facts directly from employee at any time – Found important applicant only asked to describe practices and processes – Found if review lead to disciplinary consequences for applicant then protected by procedures in employment agreement and remedies in Employment Relations Act 2000 – Found no evidence of any unlawful, unfair, or unreasonable actions by respondent – Found overall justice favoured respondent – Found no actual disadvantage had arisen on evidence – Found quia timet injunctions had high required standard – Found fear of threatened harm not sufficient for quia timet – Authority suggested parties should discuss and agree how applicant should inform co-workers about review to avoid rumour and speculation – Interim injunction declined – Authority declined to make non-publication order |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4(1A);ERA Clause 10 of schedule 2 |
| Number of Pages | 7 |
| PDF File Link: | aa 169_09.pdf [pdf 24 KB] |