| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/10 |
| Hearing date | 11 Jan 2010 |
| Determination date | 15 January 2010 |
| Member | P Montgomery |
| Representation | L Yukich ; G Service |
| Location | Christchurch |
| Parties | Gilbert v Transfield Services (New Zealand) Ltd |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant sought reinstatement following redundancy – Applicant argued redundancy substantively and procedurally unjustified – Applicant argued no genuine business reasons to justify selection for redundancy – Respondent argued genuine commercial reasons for restructure – Respondent argued applicant did not challenge respondent’s compliance with collective employment agreement until proceedings lodged with Authority – Authority found arguable case established – Respondent argued applicant could be adequately compensated for any financial loss suffered while absent from respondent – Authority found undue disruption of respondent’s restructured operation unwarranted – Found applicant had adequate alternative remedy available – Found applicant’s issues could be canvassed thoroughly in substantive investigation – Found overall justice favoured respondent – Application for interim reinstatement declined – Technician |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | GN Hale & Sons Ltd v Wellington Caretakers IUOW [1990] 2 NZILR 1079 ; [1991] 1 NZLR 151 ; (1990) 3 NZELC 97,985 ; (1990) ERNZ Sel Cas 843 |
| Number of Pages | 4 |
| PDF File Link: | ca 5_10.pdf [pdf 27 KB] |