| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81/10 |
| Hearing date | 26 Apr 2010 |
| Determination date | 28 April 2010 |
| Member | G J Wood |
| Representation | T Blake ; M French |
| Location | Wellington |
| Parties | Adams v Wellington Free Ambulance Service Inc. |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant summarily dismissed for serious misconduct following investigation into incident with co-worker and subsequent incident on social networking site - During investigation number of applicant’s co-workers raised concerns about applicant - Respondent opposed interim reinstatement on basis number of co-workers did not want applicant back at work and because pressure of job required stable and focused work environment - Found applicant had arguable case - Found respondent appeared to have partially relied on information given by co-workers about applicant without disclosing material to applicant - Found arguable whether fair and reasonable employer would have summarily dismissed such a young employee on basis of one complaint, or whether lesser sanctions applicable - Found balance of convenience lay equally between parties - Found substantive hearing about 10 weeks away - Found applicant’s behaviour would necessarily involve finding of some culpability - Found co-worker who made complaint still aggrieved and were other aggrieved co-workers - However, found applicant 22 year old whose work, social, and educational life intimately involved with respondent - Found 10 week break could potentially significantly affect her - Found interim reinstatement would provide better possibility of obtaining volunteer work with another emergency provider so could continue studies - Found co-workers with concerns about applicant did not all regularly work with applicant - Found overall justice supported applicant because of two reasons raised under arguable case discussion - Interim reinstatement ordered - Emergency Medical Dispatcher/Volunteer ambulance paramedic |
| Result | Application granted ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Cliff and Anor v Air New Zealand Ltd [2005] 1 ERNZ 1;Melville v Chatham Islands Council [1999] 2 ERNZ 76;T v Attorney-General unreported, Goddard CJ, 13 Sep 1995, WEC 62/95 |
| Number of Pages | 8 |
| PDF File Link: | wa 81_10.pdf [pdf 38 KB] |