| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 122/09 |
| Hearing date | 3 Aug 2009 |
| Determination date | 05 August 2009 |
| Member | H Doyle |
| Representation | J Goldstein ; J Lovely |
| Location | Christchurch |
| Parties | Clifford v P L Clarke Ltd |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant dismissed for possession of respondent’s property – Applicant given gift by client – Respondent argued applicant aware gifts belonged to company – Respondent accepted applicant had arguable case – Applicant argued financially vulnerable given age and need to provide for wife – Respondent argued serious misconduct and irreparable damage to trust and confidence – Respondent had knowledge of interim reinstatement sought and subsequently advertised position – Authority found this did not favour respondent in terms of balance of convenience – Allegations by staff of lack of trust and confidence – Found applicant dismissed for allegedly taking goods that were company property not for lack of trust and confidence with staff – Found balance of convenience favoured applicant due to timeframe for investigation considerable time to be without work and income – Found overall justice favoured applicant – Found trust and confidence issue could be dealt with by interim reinstatement – Interim reinstatement granted – Applicant not to perform work duties until mediation – Following mediation respondent could elect garden leave until substantive determination – Branch manager |
| Result | Application granted ; Interim reinstatement ordered on conditions ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 |
| Number of Pages | 9 |
| PDF File Link: | ca 122_09.pdf [pdf 29 KB] |