Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 51/02
Hearing date 17 May 2002
Determination date 22 May 2002
Member P Cheyne
Representation G Clarke ; J Goldstein
Location Christchurch
Parties Read v Bidwill Trust Hospital Incorporated
Summary INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal - Promoted to position for temporary duration whilst co-worker on maternity leave - Co-worker resigned - Applicant informed of end of temporary contract - Advertised position - Unsuccessful in securing position - Respondent entitled to advertise for position - Case not sufficiently compelling to warrant reinstatement - Reinstatement denied - PRACTICE AND PROCEDURE - Application to strike out proceedings - Substantive merits of claim require further investigation - No justification to strike out proceedings - First cook
Result Application dismissed ; Costs reserved
Statutes ERA s122;ERA s157(1);ERA s160(3);ERA Third Schedule Cl15
Cases Cited Edwards v Wellington Regional Council [1998] 2 ERNZ 631;NZ Shipwrights Union v NZ Engineering IUOW and Steiner and Spartan Engineering [1989] 3 NZILR 284, (1989) ERNZ Sel Cas 516
Number of Pages 4
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