The application for leave dismissed, costs ordered, 14 April 2016.
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[2016] NZCA 126 CA658/2015 The Commissioner of Salford School v Campbell [PDF, 125 KB] -
[2015] NZEmpC 186 The Commissioner of Salford School v Campbell [PDF, 299 KB] [2015] NZEmpC 186 The Commissioner of Salford School v Campbell (Judgment of Judge Corkill, 20 October 2015) ISSUES AS TO COSTS – whether defendant should have costs award against her in respect of her unsuccessful application for an interim reinstatement order – Calderbank offer considered – costs should follow the event – daily tariff for 5.5 days Authority hearing with no increase or decrease of costs justified - contribution of 66 per cent of actual costs incurred in Court was reasonable - Held, plaintiff to pay defendant a contribution towards both costs in Authority and in the Court.
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[2015] NZEmpC 122 Campbell v The Commissioner of Salford School [PDF, 631 KB] [2015] NZEmpC 122 Campbell v The Commissioner of Salford School (Judgment of Judge Corkill, 27 July 2015) DE NOVO CHALLENGE – UNJUSTIFIED SUSPENSION - UNJUSTIFIED DISMISSAL - whether suspension and dismissal were justified ––procedural and substantive flaws found - lack of specificity in claims against plaintiff- inadequate opportunity for plaintiff to be heard –– confidential information relied upon in investigation – terms of reference were too broad – no heed paid to earlier recommendations for urgent implementation of performance objectives – nonadherence to collective agreement in that distinction between performance and conduct issues not identified or considered – Held, disadvantage grievances established – compensation and costs awarded - reinstatement not reasonable or practical.