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Worsley v AFFCO New Zealand Ltd
19 Sep 2006, D Asher, WA 126/06, (9 pages)
INTERIM REINSTATEMENT - Applicant dismissed for failure to adhere to protocols and
policies - Sought urgent interim reinstatement - Respondent opposed application - Argued
employee in management position required high degree of trust and confidence - Respondent
submitted contributory fault meant applicant unlikely to be permanently reinstated -
Accepted applicant had arguable case - Applicant in employment and able to recover lost
wages and compensation - Respondent in off season and no date set to re-open - Date for
substantive investigation meeting available soon but applicant chose to proceed with interim
investigation - Balance of convenience and availability of alternative remedies favoured
respondent - Respondent faced serious difficultly justifying dismissal - Except for admission
directed another employee to delete a file, no basis to claim could not have trust or
confidence in applicant - Unjust for exemplary long service to be set aside by what appeared
to be spur of the moment, low level action brought about by stress during disciplinary
process - Overall justice favoured interim reinstatement - Parties directed to mediation -
Cool store supervisor
Result: Application granted ; Interim reinstatement ordered ; Parties directed to mediation ;
Costs reserved
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