Injunction - Employment Relations Act 2000
Te Ao v Chief Executive of the Department of Labour
1 Oct 2008, R A Monaghan, AA 347/08, (6 pages)
INJUNCTION – Application for interim reinstatement – Applicant dismissed following investigation into misconduct – Authority found applicant had arguable case concerning fairness and reasonableness of respondent’s conclusions about nature and quality of applicant’s conduct – However, found applicant’s case weakened by admissions about alleged conduct – Authority found any inconvenience applicant suffered could be compensated by financial damages – Authority found respondent’s concerns about putting clients at risk by allowing reinstatement arguably met by “garden leave” – Respondent argued could not justify reinstatement of applicant on “garden leave” due to public perception and expenditure of public funds – Authority found balance of convenience in favour of respondent due to lack of evidence for applicant and weight of respondent’s public responsibilities – Overall justice favoured respondent – No interim reinstatement - Mediator
Result: Application dismissed ; Costs reserved
