| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 181 |
| Hearing date | 16-Jun-17 |
| Determination date | 26 June 2017 |
| Member | D Appleton |
| Representation | A Halse ; P Muir, C Blake |
| Location | Auckland |
| Parties | Morgan v Auckland District Health Board |
| Summary | DISPUTE - GOOD FAITH - Parties disputed whether respondent exercised good faith in considering applicant’s application for paid special leave - Applicant remained away from work after making assault and bullying complaint against colleagues - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiability disadvantaged by way respondent dealt with application for paid special leave - Forensic Pathology Technician |
| Abstract | AUTHORITY FOUND -;DISPUTE - GOOD FAITH: Ongoing WorkSafe investigation does not mean workplace unsafe. Respondent did not breach good faith when declining to grant special leave when applicant still had sick leave owing. Applicant no longer has sick leave owing and so respondent cannot continue to rely on this. In light of general duty of good faith respondent should undertake formal assessment again as to whether to grant applicant special leave. Respondent should consider specified factors when making decision. Respondent has right to protect itself from self-incrimination in WorkSafe investigation. Questions answered. Orders made.;UNJUSTIFIED DISADVANTAGE: Applicant did not put new request to respondent to expressly consider special leave application after sick leave ran out. Respondent still to carry out consideration exercise. No unjustified disadvantage. |
| Result | Questions answered ; Orders made ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(1)(a) ; ERA s4(1)(b) ; ERA s110A ; ERA s100D ; Evidence Act 2006 s60 ; Health and Safety at Work Act 2015 |
| Cases Cited | Dorset v Chemcolour Industries (NZ) Ltd ERA Auckland AA117/04, 8 April 2004 |
| Number of Pages | 19 |
| PDF File Link: | 2017_NZERA_Auckland_181.pdf [pdf 148 KB] |