Injunction - Employment Relations Act 2000
Brown v Trans Otway Ltd
8 Nov 2007, P Cheyne, CA 133/07, (8 pages)
INJUNCTION - Interim reinstatement - Applicant dismissed after client’s freight damaged - Arguable case as applicant’s fault in causing damage disputed and elements of respondent’s process questioned - Strongly arguable reinstatement should be ordered in grievance upheld - Applicant unable to find similar work - Personal relationships between parties did not count against interim reinstatement, and re-establishing relationship now would facilitate any permanent reinstatement - Options open to respondent to mitigate risk of further mistake by applicant - Balance of convenience favoured applicant - Nothing about overall justice prevented interim relief - Interim reinstatement granted - Respondent able to place applicant on garden leave for some or all of normal duties - Driver
Result:
Application granted ; Interim reinstatement ordered ; Costs reserved
McDonald v Integrated Foods Ltd
21 Dec 2007, A Dumbleton, AA 406/07, (8 pages)
INJUNCTION - Application for interim reinstatement - Applicant declined to attend disciplinary meeting to discuss performance and conduct - Respondent concluded summary dismissal warranted - Issue of predetermination raised - Respondent conceded arguable case - Respondent entitled to protect reputation as farm operator - Compensation adequate remedy if applicant’s reputation damaged by unjust dismissal - Respondent agreed to extend tenancy on farm house rent free - Balance of convenience favoured respondent - Several serious allegations against applicant - Applicant chose not to participate in disciplinary process - Grounds for allegation of predetermination not strong - Strength of grounds for dismissal led to conclusion overall justice favoured respondent - Injunction declined - Farm manager
Result:
Application dismissed ; Costs reserved
Ryan Security and Consulting (Otago) Ltd v Bolton
18 Dec 2007, P Cheyne, CA 156/07, (7 pages)
INTERIM INJUNCTION - Restraint of trade - Applicant sought injunction to prevent breach of contractual obligations - Matter dealt with under urgency - Applicant had strongly arguable case respondent breached employment agreement by providing services of type provided by it - Restraint applied for six months - While specified area recorded as whole country, effectively only covered one region as only area applicant had clients - Strong argument clause reasonable and valid - Also arguable breach of confidentiality clause - Balance of convenience favoured applicant as loss of significant clients threatened viability - Interim injunction issued requiring applicant to comply with restraint of trade and confidentially clauses - Parties directed to mediation - Security operations manager
Result:
Application granted ; Orders accordingly ; Costs reserved
