| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 352 |
| Hearing date | 2 Aug 2011 |
| Determination date | 09 August 2011 |
| Member | A Dumbleton |
| Representation | C Stewart ; R Harrison |
| Location | Auckland |
| Parties | Manoharan v Waiariki Institute of Technology |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant sought reinstatement following summary dismissal – Respondent claimed applicant dismissed for dishonest and deceptive conduct – Respondent supervisor (“B”) accepted explanation from applicant that innocent mistake made in processing expenses claims – B inquired into further expenses claims by applicant which led to disciplinary meeting – B satisfied applicant and other employee dishonest and actions deliberate – Authority found serious issue whether grounds B had for believing applicant had been dishonest were reasonable – Found brevity of meeting after which applicant was dismissed raised issue whether applicant’s explanations had been properly considered by B – Found issue of good faith as applicant immediately told of dismissal by B after meeting – Found applicant had arguable case – Found whatever damage had been done to applicant’s reputation unlikely to be undone by Authority determination – Found applicant could not reasonably be expected to fully perform work duties in period before substantive hearing – Found public institution like respondent had strong interest in maintaining stability – Found no real risk of applicant losing skills by not being able to work in interim – Found more convenient for applicant to not resume employment in interim than for respondent to be unsettled by having applicant return – Found other adequate remedies available – Found assessment as to where public interest lay could not be readily made – Found overall justice favoured respondent – Application for interim reinstatement declined – Director |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s4(1A)(c);ERA s103A;ERA s103A(3);ERA s127;ERA s127(4) |
| Cases Cited | NZ (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_352.pdf [pdf 38 KB] |