| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/10 |
| Hearing date | 20 Apr 2010 |
| Determination date | 28 April 2010 |
| Member | J Wilson |
| Representation | L Keys ; K Thompson |
| Location | Auckland |
| Parties | Fife v Air New Zealand Ltd |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant sent email describing manager of respondent in highly derogatory and offensive terms – Applicant dismissed for serious misconduct following formal disciplinary process – Applicant sought application for interim reinstatement be considered on urgent basis – Found applicant had little dispute respondent carried out full and fair inquiry before dismissing applicant – Applicant argued given 21 year service dismissal too harsh a penalty – Respondent argued following full and fair inquiry made reasonable decision to dismiss applicant – Found applicant had arguable case – Applicant claimed would lose currency with health and safety requirements and procedural changes – Authority found applicant not financially worse off at present time than if continued to work or took extended leave – Found balance of convenience favoured respondent – Found primary remedy of reinstatement still available if personal grievance found – Found overall justice best served by not ordering reinstatement – Application for interim reinstatement declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Injunction |
| Statutes | ERA s101C;ERA s103A;ERA s125;ERA s127 |
| Number of Pages | 6 |
| PDF File Link: | aa 192_10.pdf [pdf 31 KB] |