| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 168/09 |
| Hearing date | 2 Oct 2009 |
| Determination date | 05 October 2009 |
| Member | J Crichton |
| Representation | J Costigan ; S Wilson |
| Location | Christchurch |
| Parties | Begley v Cropmark Seeds Ltd |
| Summary | INJUNCTION – Application to prevent respondent from taking further steps in relation to restructuring proposal and disciplinary process concerning applicant until receivership application in High Court determined – Applicant suspended on full pay pending outcome of disciplinary process – Respondent announced intention to restructure and disestablish applicant’s position – Applicant argued upcoming High Court proceedings concerning respondent would have negative consequences – Applicant argued receiver would not abide by any reinstatement orders – Respondent offered undertaking that if receiver appointed by High Court will abide by any decision concerning applicant – Applicant alleged bad faith in relation to restructuring proposal and disciplinary process – Respondent contested claim – Authority found arguable case – Found undertaking represented alternative remedy to applicant short of granting injunctive relief – Found alternative remedies in Employment Relations Act 2000 should employment be terminated – Found balance of convenience favoured respondent because application based on hypothesis and unsubstantiated allegations – Found no injustice to applicant in denying application and leaving matters to take natural course – Marketing manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | Companies Act 1993 s174;ERA |
| Cases Cited | Aberhart v Simpsons Farms Ltd [2006] ERNZ 825;Russell v Wanganui City College [1998] 3 ERNZ 1076;Wackrow v Fonterra Cooperative Group Ltd [2004] ERNZ 350 |
| Number of Pages | 8 |
| PDF File Link: | ca 168_09.pdf [pdf 26 KB] |