| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 515/10 |
| Hearing date | 10 Dec 2010 |
| Determination date | 17 December 2010 |
| Member | R Arthur |
| Representation | G Pollak ; S Cook, L Holden |
| Location | Auckland |
| Parties | Steel v Steelpipe Ltd |
| Summary | INTERIM INJUNCTION – Application for interim reinstatement – Applicant dismissed for serious misconduct after respondent concluded overheard applicant making inappropriate comments about respondent’s managers, products, and procedures – Authority found applicant had arguable case about legal basis for summary dismissal, whether given fair opportunity to comment on factors considered by respondent, whether dismissal alternatives explored, and whether eventual reinstatement practicable – Authority noted applicant 58 year old married man supporting partially dependent son injured in industrial accident – Applicant also previously had serious health issues – However, Authority found factors including unsupervised nature of role, adequacy of alternative remedies, availability of permanent reinstatement not affected, doubt about short-term practicability of interim reinstatement meant balance of convenience favoured respondent – Authority found comments made by applicant clearly disloyal – Found comments made to person directly involved in commercial matter with respondent – Noted if respondent’s actions in dismissing applicant found to be unjustified, applicant’s comments would almost certainly contribute to significant reduction in remedies – Practicability of reinstatement favoured respondent – Application for interim reinstatement declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s3;ERA s101;ERA s127 |
| Cases Cited | Kereopa v Go Bus Transport Ltd unreported Travis J, 18 Sep 2009, AC 25A/09;Orme v Eagle Technology Group Ltd unreported Goddard CJ, 15 Jun 1995, WEC 40/95;Wellington Free Ambulance Service Inc v Adams [2010] NZEMPC 59;X v Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 11 |
| PDF File Link: | aa 515_10.pdf [pdf 50 KB] |