| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 70 |
| Hearing date | 20-Nov-15 |
| Determination date | 22 June 2016 |
| Member | Michael Loftus |
| Representation | J Roberts, N Thomson ; K Radich, S Wragg |
| Location | Wellington |
| Parties | Corrections Association Of New Zealand Inc v Chief Executive of the Department of Corrections |
| Summary | DISPUTE – Parties disputed whether respondent able to introduce Physical Readiness Assessment (“PRA”) |
| Abstract | AUTHORITY FOUND –;DISPUTE : Decision to introduce PRA constitutes operational decision which collective agreement gives respondent ability to make. Possible that employees could suffer detriment, but detriment would be justified in some cases where employee not fit to perform duties. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Health and Safety At Work Act 2015 s45(a);Health and Safety At Work Act 2015 s45(b) |
| Cases Cited | Electrical Union 2001 Inc v Mighty River Power Ltd [2013] NZEmpC 197, [2013] ERNZ 531;Hooper v Coca Cola Amatil (NZ) Ltd [2012] NZEmpC 11, (2012) 9 NZELR 523 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Wellington_70.pdf [pdf 166 KB] |