The Employment Court has ordered an employer not to
dismiss an employee without a further order from the Court.
The employer originally dismissed the employee for various
allegations of serious misconduct. The
employee obtained an order for interim reinstatement from the Employment
Relations Authority and returned to work.
The employer then raised fresh allegations of serious misconduct and was
inquiring into those allegations. The
employer advised that dismissal on the fresh allegations was a possible outcome
of the investigation.
The employee went to the Employment Relations Authority to
seek an injunction, but the ERA refused to give the injunction. The Employment Court, however, decided that
the ERA was wrong to refuse the injunction and that the employee was entitled
to an injunction preventing the employer from dismissing him, without the
employer returning to the ERA for an order rescinding or varying the interim
reinstatement order.
This prevents an employer from attempting to get around an
interim reinstatement order by dismissing the employee for other alleged
serious misconduct, without the oversight of the Employment Relations Authority
or the Court.
Alan
Knowsley
Employment
Lawyer Wellington
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