| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 186 |
| Hearing date | 11 Nov 2011 |
| Determination date | 22 November 2011 |
| Member | P R Stapp |
| Representation | J A Burney ; A Lory (in person) |
| Location | Wellington |
| Parties | Coley v VA Electrical Ltd and Anor |
| Other Parties | Lory |
| Summary | INJUNCTION – Application for interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Second respondent denied terminating applicant’s employment and claimed applicant walked off job and resigned by not turning up for work following day – Applicant claimed advised second respondent of intention to take day off as upset about abuse at work – Applicant claimed second respondent denied applicant sick leave – First respondent office manager claimed applicant said would not be at work due to job interview – Applicant told to leave premises by respondent employee when turned up for work – Authority found numerous factual matters in dispute – Found serious arguable matters to be resolved at hearing – Found balance of convenience favoured respondents as alternative remedies available to applicant instead of reinstatement – Found applicant could not reasonably believe reinstatement would be guaranteed even if dismissed – Found applicant’s side of story seriously challenged by respondents which strongly affected presumption that applicant would be able to prove case – Found insufficient evidence about applicant’s attempts to mitigate losses – Found reinstatement could be problematic for respondents as small business with few employees and applicant in supervisory role – Found applicant had to take some responsibility for delays in having matter dealt with – Found real issues about practicability of reinstatement – Found overall justice favoured respondents – Application for interim reinstatement declined – Foreman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_186.pdf [pdf 46 KB] |