| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 27 |
| Hearing date | 11 Feb 2011 |
| Determination date | 22 February 2011 |
| Member | G J Wood |
| Representation | S Webster ; D Robb |
| Location | Napier |
| Parties | Watene v Te Taiwhenua O Heretaunga Trust |
| Summary | INJUNCTION – Applicant sought interim injunction restraining respondent from investigating complaint pending determination of applicant’s unjustified disadvantage personal grievance and permanent injunction claim – Unjustified disadvantage based on respondent’s alleged failure to adhere to own investigatory and disciplinary processes under Trust Deed, conflict of interest and pre-determination – Applicant initially denied access to complaint until confidentiality agreement signed – Applicant concerned about Board Members’ involvement in investigation – Respondent claimed no conflict of interest – Applicant claimed pre-determination as interim report furnished to Board – Board chose to settle matter – Authority found Board accepted two reports without disclosing contents to applicant – Found arguable case of conflict of interest – Found arguable case of pre-determination – Found arguable case for permanent injunction, claim for unjustified disadvantage and interim injunction – Found damages not adequate remedy for either party – Found direct relative hardship between parties fairly equal – Found interim injunction would further delay matter for complainant – Found balance of convenience favoured Board – Found Board entitled to set process, provided Trust Deed followed – Found agreement with applicant not required – Found evidence more consistent with Board battling to resolve complaint rather than conflict of interest and pre-determination – Found reports should have been provided to applicant – Found no suggestion of disciplinary action against applicant - Found overall justice favoured Board – Chief Executive |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Cliff v Air New Zealand Ltd [2005] ERNZ 1;Russell v Wanganui City College [1998] 3 ERNZ 1076 |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Wellington_27.pdf [pdf 40 KB] |