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Holley v Leading Edge Communications Ltd
22 Dec 2006, K Raureti, AA 385/06, (5 pages)
INJUNCTION - Interim reinstatement - Applicant sent allegedly offensive email to colleague - Respondent concerned about interests of female staff if applicant reinstated - Formal complaint made against applicant - When notified of compliant, applicant allegedly asked colleague to delete email and repeatedly phoned her - Dismissed after disciplinary meeting - Arguable case on procedural fairness principles - Balance of convenience favoured non-reinstatement to normal work - Satisfied remedies under Employment Relations Act 2000 appropriate if reinstatement not ordered - Overall justice of case leaned toward partially successful interim reinstatement - Immediate reinstatement required on certain conditions - Applicant to be put on paid garden leave - Not required to perform any work and not to visit workplace - Corporate accounts manager
Result: Application granted in part ; Costs reserved
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