| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 451/09 |
| Hearing date | 10 Dec 2009 |
| Determination date | 15 December 2009 |
| Member | R Arthur |
| Representation | S Mitcell ; C Peters |
| Location | Auckland |
| Parties | Craig v The Board of Trustees of Chapel Downs Primary School |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant entered New Zealand on work visa to work at respondent’s school - Applicant dismissed for serious incompatibility and loss of trust and confidence - Applicant claimed had arguable case in whether put on notice possibility of dismissal for incompatibility and loss of trust and confidence rather than more specific performance matters - Claimed arguable case whether respondent adequately addressed responsibility for breakdown in relationship, and whether respondent did enough to investigate differences between comments made by parties before making dismissal decision - Respondent conceded applicant had arguable case but argued was weak - Authority found applicant had arguable case - Found applicant’s options for alternative employment before substantive investigation small as current work permit limited her to working for respondent - Even if permit could be varied unlikely to find employment before new school term started - Applicant claimed had no savings and income to support herself - Found damages not adequate alternative remedy - Respondent claimed balance of convenience in their favour due to dysfunctional nature of relationship and applicant’s refusal to accept any responsibility - Claimed would face financial burden as Ministry of Education withdrew funding for applicant’s position following dismissal - Authority not prepared to except that as decisive factor in balance as otherwise employees of school boards would be ineligible for interim reinstatement because employer did not control funds for their salaries - Found balance of convenience narrowly favoured applicant - Found while preliminary assessment that permanent reinstatement unlikely overall justice did not require applicant be denied interim reinstatement - Found in circumstances one not contingent on other - Found overall justice favoured applicant - Reinstatement ordered - Respondent to elect whether applicant reinstated on garden leave, alternative duties working from home, or normal duties with one or some but not all schools - Resource Teacher for Learning and Behaviour |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s3;ERA s101;ERA s101(c);ERA s127 |
| Cases Cited | Cliff and Anor v Air New Zealand Ltd [2005] ERNZ 1;Hayward v Tairawhiti Polytechnic unreported, Travis J, 3 Aug 2005, AC 43/05;X v Y & NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 11 |
| PDF File Link: | aa 451_09.pdf [pdf 33 KB] |