| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 71/03 |
| Hearing date | 3 Mar 2003 - 4 Mar 2003 (2 days) |
| Determination date | 19 May 2003 |
| Member | G J Wood |
| Representation | J Slater ; R Chan |
| Location | Wellington |
| Parties | Patel v Attorney-General in respect of the Department of Corrections |
| Summary | UNJUSTIFIED DISADVANTAGE - Assaulted by inmates - Whether lack of action by management - Whether claim barred by s317 of the Injury Prevention Rehabilitation and Compensation Act 2001 - Assault occurred after inmates became aware of report by applicant - No breach of duty by wrongful classification of first inmate who assaulted applicant - Second assault occurred when applicant lost line of sight with other guards - Line of sight policy not a term or condition of applicant's employment - No duty to provide applicant with better radio equipment - Applicant not placed at additional risk by respondent having failed to investigate matter in proper manner - Failure to raise behaviour of inmate subsequent to return to work meant impossible for respondent to take corrective actions - Abuse by inmate was inevitability that arose as part of prison work - Disclosure of applicant's name as author of incident report put applicant's safety at work at high risk - Breach of employment agreement and unjustified disadvantage - Claim for compensation barred because arose directly or indirectly out of personal injury - PENALTY - Penalties barred by Injury Prevention Rehabilitation and Compensation Act 2001 - Not appropriate to award penalty against government department |
| Result | Application dismissed ; Costs reserved |
| Statutes | Injury Prevention Rehabilitation and Compensation Act 2001 s317 |
| Cases Cited | Attorney-General in respect of the Commissioner of Police v B & Ors unreported, Gault J Keith J Anderson J, 10 June 2002, CA 207/01;Brittain & Ors v Telecom Corporation of NZ Ltd [2001] ERNZ 647;French v Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Gibson v Department of Justice unreported, Castle J, 28 October 1994, WEC 58/94;Hansen v Kawakawa Engineering Ltd unreported, Colgan J, 18 March 1996, AEC 12A/96;Northern Distribution Union v Sherildee Holdings Ltd [1991] 2 ERNZ 675 |
| Number of Pages | 11 |
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