| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 180/09 |
| Hearing date | 14 Oct 2009 |
| Determination date | 16 October 2009 |
| Member | J Crichton |
| Representation | A McKenzie ; A Clark |
| Location | Christchurch |
| Parties | Riddell v Goodman Fielder New Zealand Ltd |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Applicant and contractor to respondent (“B”) had minor car accident - Applicant and B disputed extent of their contact about effecting repairs via B’s insurance company - Applicant and B had heated discussion and applicant put hands up on B’s chest to push him away from personal space - Applicant acknowledged pushed B but claimed action not at high end of violence continuum, was defensive action rather than offensive, and was response to significant frustration and provocation - Applicant dismissed following investigation - Parties accepted applicant had arguable case - Authority found interesting respondent appeared to have made no finding or reference about context of frustration or provocation - Respondent claimed reinstatement impractical as employment relationship had broken down due to loss of trust and confidence - Claimed B at risk if applicant reinstated - Claimed balance of convenience favoured respondent because zero tolerance policy toward workplace violence - Applicant claimed wished to continue in employment rather than garden leave - Applicant had no source of income - Authority found respondent’s reliance on zero tolerance policy turned offending into strict liability offence - Found applicant acknowledged actions but sought examination in context - Authority did not accept B at risk if reinstatement ordered - Authority found damages not suitable alternative remedy - Found balance of convenience favoured applicant - Found applicant entitled to benefit of doubt with respect to contextual matters - Found unclear whether respondent formed view about some factual matters and whether those matters informed decision making - Found appropriate to maintain status quo prior to dismissal - Found overall justice favoured applicant - Interim reinstatement ordered - Cool room worker |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s127;ERA s127(4);ERA s127(5) |
| Cases Cited | George v Carter Holt Harvey Woodproducts Nelson unreported Couch J, 10 Apr 2008, CC 6/08;Melville v Chatham Island Council [1999] 2 ERNZ 70 |
| Number of Pages | 7 |
| PDF File Link: | ca 180_09.pdf [pdf 27 KB] |