| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/10 |
| Hearing date | 23 Dec 2009 |
| Determination date | 18 January 2010 |
| Member | J Crichton |
| Representation | J Goldstein ; P Zwart |
| Location | Christchurch |
| Parties | Service v Young Men's Christian Association of Christchurch Inc. |
| Summary | INUNCTION – Application for interim reinstatement – Applicant summarily dismissed after respondent’s inquiry found applicant failed to disclose to previous CEO (“T”) alleged rape of client during programme – Alternatively if disclosure made, respondent argued poor judgement by applicant to allow programme to proceed – Disciplinary investigation based on events 20 months prior – Applicant claimed took proper steps to validate programme and immediately cancelled balance of course and acted in accordance with wishes of complainant in alleged rape allegation – Authority found applicant’s complaint’s about unfair process had some force – Found sense current CEO (“S”) irrevocably influenced by time spoke to applicant – Applicant claimed in circumstances fact S both investigator and decision-maker unfair because appearance of bias and predetermination – Found responses obtained from T not sufficiently clear for conclusion applicant did not inform T – Found arguable case – Authority rejected respondent’s alternative basis for dismissal decision – Found strongly arguable case – Respondent argued evidence from two of applicant’s direct reports that would resign if applicant reinstated – Applicant claimed real interest to be restored to career and garden leave not preferred – Authority found applicant had established real doubts about dismissal fairness without interviewing T – Found balance of convenience favoured applicant – Found applicant entitled to benefit of doubt in respect of issues raised – Found overall justice favoured applicant – Reinstatement granted – Authority’s strong preference applicant return to employment in active way and not be placed on garden leave |
| Result | Application granted; Reinstatement ordered ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s125;ERA s127;ERA s127(4);ERA s127(5) |
| Cases Cited | Cliff and Anor v Air New Zealand Ltd [2005] 1 ERNZ 1;Melville v Chatham Island Council [1999] 2 ERNZ 70 |
| Number of Pages | 10 |
| PDF File Link: | ca 6_10.pdf [pdf 36 KB] |