| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 133 |
| Determination date | 31 July 2017 |
| Member | H Doyle |
| Representation | MJ Thomas ; J Frame |
| Location | Christchurch |
| Parties | Evans-Walsh v Southern District Health Board |
| Summary | PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on its own motion – Whether important question of law likely to arise and Authority is of the opinion that in all the circumstances the court should determine the matter |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: Important issue of law is likely to arise about the relationship between s34 (4) of Health and Practitioners Competence Assurance Act 2003 and non-disparaging, confidential and full and final settlement provisions in settlement agreements under s149 of ERA 2000. There was also an important issue of law about inquiries into bad faith. Matter removed to EC. |
| Result | Application removed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149 ; ERA s149(4) ; ERA s178 ; ERA s178(2)(a) ; Health and Practitioners Competence Assurance Act 2003 s34 ; Health and Practitioners Competence Assurance Act 2003 Act s34(4) |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Christchurch_133.pdf [pdf 22 KB] |