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Heath v Auckland City Council
24 Nov 2006, L Robinson, AA 356/06, (8 pages)
INJUNCTION - Interim reinstatement - Applicant summarily dismissed for serious misconduct - Apparent inaccuracies in transcriptions of meeting notes raised issues about respondent's inquiry - Arguable case for unjustified dismissal - Applicant had not secured new employment and claimed financial hardship - Authority accepted applicant entitled to hold himself in readiness for reinstatement - Replacement employee appointed but respondent put on notice almost immediately that applicant intended to seek interim reinstatement - Authority unmoved by concern other employees could resign - Some degree of disruption inevitable with type of application and reinstatement premised upon finding of unlawfulness - Significant that substantive investigation to occur in less than four weeks, but final determination likely to be delayed by end of year vacation period - No alternative remedy for applicant - Balance of convenience favoured applicant - Primacy accorded by Parliament to reinstatement relevant - Overall justice with applicant - Interim reinstatement granted subject to conditions - Authority took into account new appointment made, and short time to substantive investigation - Applicant not required to perform work duties - Respondent not required to allow him to perform duties - Marina manager
Result: Application granted ; Interim reinstatement ordered on conditions ; Orders accordingly ; Costs reserved
Masinalupe v Formway Furniture (New Zealand) Ltd
23 Nov 2006, PR Stapp, WA 167/06, (6 pages)
INJUNCTION - Interim reinstatement - Applicant attended disciplinary meeting as support person for colleague - During meeting, applicant admitted instructed colleague to dispose of scrap and used cash received for benefit of team - Both employees resigned - Respondent subsequently accepted process relating to applicant flawed and reinstated him on garden leave - New disciplinary meeting held - Applicant dismissed for serious misconduct - Arguable case - Reinstatement very important to applicant's reputation and financial situation - Right to work supported by efforts of Union to obtain information and help from co-workers - Applicant had attempted to mitigate loss - Long service and unblemished record taken into account - Balance of convenience favoured applicant - Position filled on temporary basis - Respondent claimed some division in workplace over matter and applicant's role - Evidence not enough to convince Authority likely to lead to difficulties that could not be managed - Reinstatement not impracticable given size of respondent - Justice of matter favoured applicant - Interim reinstatement ordered - Team leader
Result: Application granted ; Interim reinstatement ordered ; Costs reserved
Treymane v Canwest Radio NZ Ltd
15 Dec 2006, P Montgomery, CA 176/06, (3 pages)
INJUNCTION – Applicant sought interim reinstatement to role as radio show host – Applicant made redundant when not appointed to new position after respondent restructured – Scope of new position now reduced but applicant’s original show reformatted – Respondent firmly of view applicant’s presentation style incompatible with new format – Applicant alleged redundancy engineered - Met arguable test case by slender margin – Applicant’s desire to return to work in region did not weigh particularly heavy in balance of convenience – Applicant in receipt of income and little said about financial hardship – Balance of convenience favoured respondent – Adequate remedies available if applicant successful – Respondent’s decision challenged five months after event – Applicant well treated during termination and respondent gave undertaking not to fill vacancy until substantive determination – On evidence before Authority, likelihood of succeeding not strong – Interim reinstatement declined - Radio show host
Result: Application dismissed ; No order for costs
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