| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 315/09 |
| Hearing date | 26 Aug 2009 |
| Determination date | 04 September 2009 |
| Member | M Urlich |
| Representation | D France ; R Kroon |
| Location | Auckland |
| Parties | Jackson v Oceania Group (NZ) Ltd |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant dismissed following investigation into serious misconduct allegations - Applicant claimed dismissal procedurally and substantively unjustified - Claimed allegations not fairly put to applicant, investigation deficient, outcome predetermined and no fair opportunity to respond provided - Respondent claimed disciplinary process was fair and reasonable - Claimed allegations were very serious - Found only minimal lack of justification for dismissal required to establish arguable case - Found were serious and arguable issues to be investigate - Found applicant had arguable case - Applicant claimed balance of convenience in their favour - Claimed damages not alternative remedy to reputational damage caused by dismissal - Claimed dismissal had serious financial implications - Claimed applicant’s age and current economic circumstances made finding new employment unlikely - Respondent claimed lost wages and compensation awards would be adequate remedy and as worksite small reputational damage limited - Found balance of convenience favoured applicant - Respondent had concerns as to how applicant to be reintegrated into workplace - Found concerns could be addressed by placing applicant on garden leave – Found overall justice favoured applicant - Reinstatement ordered on conditions - Respondent to elect whether applicant attended work or placed on garden leave - Senior healthcare assistant |
| Result | Application granted ; Reinstatement ordered on conditions ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127(4) |
| Cases Cited | American Cyanamid Co v Ethicon Limited [1975] 1 All ER 504;Ford v Hutt Valley Health Corporation Ltd [1994] 1 ERNZ 563;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 6 |
| PDF File Link: | aa 315_09.pdf [pdf 32 KB] |