Previous Section | Table of Contents | Next Section
Kurene & Anor v United Group Rail (NZ) Ltd
5 Feb 2007, D Asher, WA 21/07, (4 pages)
INJUNCTION - Interim reinstatement - During investigation meeting respondent advised it accepted applicant should return on interim basis - Parties asked Authority to set terms of interim reinstatement - Date set for applicant's return to work, allowing for 'cooling off' period on garden leave - Parties directed to mediation before applicant's return - While Authority had jurisdiction to impose publicity ban, not prepared to take that step - Instead, parties urged to make minimal comment and treat matter as sub judice - Charge hand
Result: Orders accordingly ; Parties directed to mediation ; Costs reserved
Wynne v The Order of St John Midland Regional Trust Board
10 Sep 2007, D King, AA 200A/07, (12 pages)
INJUNCTION - Application for interim reinstatement - Applicant suspended and subsequently dismissed for serious misconduct - Co-workers and volunteers made numerous allegations/complaints about applicant's conduct - Authority found applicant had arguable case, despite concerns about permanent reinstatement - Took into account number of people with negative experiences in dealing with applicant - Respondent concerned about exposure to claims of breach of duty to provide safe workplace if application granted - Number of co-workers and volunteers fearful and anxious about applicant returning to work - Interests of third parties strong factor tipping balance of convenience against applicant - Respondent's lack of trust and confidence in applicant made reinstatement impracticable - Balance of convenience favoured respondent - Detriment to respondent would be finding ways to ensure limited or no contact with complainants - Applicant could be adequately compensated by damages - Applicant's position disestablished - Uncertainty about which position would be reinstated to weighed against applicant - Overall justice of case favoured respondent - Complainants names and details suppressed
Result: Application dismissed ; Orders accordingly ; Costs reserved
Previous Section | Table of Contents | Next Section
