| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 145/02 |
| Hearing date | 17 May 2002 |
| Determination date | 20 May 2002 |
| Member | A Dumbleton |
| Representation | J McCleary ; R Mark |
| Location | Auckland |
| Parties | Parkinson v Lord and Anor |
| Other Parties | Ruakiwi Farms Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Poor performance - Written reminder of contractual requirement to have 5 working dogs - Later dismissed for failing to obtain dogs and deficiencies in work performance - Evidence disclosed arguable case - Accommodation and schooling difficulties caused by dismissal temporarily resolved - Balance of convenience favoured respondent - Remedies of reimbursement of lost wages and compensation adequate alternative remedy - Reinstatement posed risk of disruption to farm operations due to possible poor performance - Investigation meeting possible within 2 or 3 weeks - Overall justice of case favoured respondent - Unnecessary to determine identity of employer for purposes of interim application - Matter was employment relationship problem regardless of employer's identity - Referred to mediation - Head stockman |
| Result | Application dismissed ; Referred to mediation - Costs reserved |
| Statutes | ERA s3;ERA s126 |
| Cases Cited | McKay v Order of St John Northern Region (South Island) Trust Board [1999] 1 ERNZ 519 |
| Number of Pages | 4 |
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