By Tony Stickley for NZPA

Auckland, Jan 21 NZPA - The Employment Court has confirmed the interim reinstatement of the New Plymouth courts manager, Catherine Anne Dodd, despite "implacable" opposition from the Ministry for Justice.

Ms Dodd, who was also the registrar for the district courts and High Court in Taranaki, as well as the sheriff, was summarily dismissed last September following complaints about her conduct relating to the prosecution of her nephew who was facing an assault charge.

Last month the Employment Relations Authority found that, while Ms Dodd's behaviour in communicating with the complainant in her nephew's case amounted to serious misconduct, her dismissal by the Secretary for Justice was unjustified.

The ERA ordered Ms Dodd to be reinstated just before Christmas.

The Secretary for Justice has challenged the reinstatement and has also contested the ERA's findings that the dismissal was unjustified.

The ERA said that a number of the ministry's conclusions about Ms Dodd's conduct were unwarranted and that in deciding to dismiss her, matters had been taken into account about which she had no notice or opportunity to answer.

Pending the Employment Court's hearing of the case scheduled for early March, the ministry asked for the ERA's decision to reinstate Ms Dodd to be stayed.

But the application was refused by Chief Employment Court Judge Graeme Colgan following an urgent hearing.

He said in his judgment that both sides had been offered the opportunity to "resolve the dispute on their own terms" but this was declined "because of the defendant's insistence upon reinstatement and the plaintiff's implacable opposition to it".

The court heard that Ms Dodd's nephew had been charged with assault in the district court at Hawera.

Following concerns by the complainant's father about possible improper influence, the case was transferred to Wanganui District Court, outside Ms Dodd's region.

However, last May the complainant's father complained about Ms Dodd's conduct "in relation to the prosecution including dealings with her nephew, the complainant, the accused's lawyer and others, to do with a victim impact statement", Judge Colgan said.

Investigations were started by the ministry and also by the police.

In July, the Wanganui Crown solicitor, Lance Rowe, also complained about Ms Dodd's conduct and a further investigation was instituted.

Ms Dodd was initially suspended but following a formal inquiry she was dismissed last September.

Grounds for her dismissal included making contact with the complainant in her nephew's case and on several occasions accessing the ministry's computer details about the prosecution.

Judge Colgan said that these misconducts were said to amount to breaches of the ministry's code of staff conduct.

The ministry said it could not be assured that such breaches would not recur, leading to an irreparable loss of trust and confidence in Ms Dodd to do her job.

Judge Colgan set out the factors for and against reinstatement but said that the balance was tipped in Ms Dodd's favour by undertakings she had given the court pending the full court hearing.

He ordered that she was not to use the ministry's computerised database without the consent of her regional manager or on conditions he might impose, she would have to report on a daily basis if necessary to the regional manager and/or national manager for district courts and would accept any supervision or training that the ministry might direct.