| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 258/03 |
| Hearing date | 25 Feb 2003 - 27 Feb 2003 (3 days) |
| Determination date | 25 August 2003 |
| Member | Y S Oldfield |
| Representation | O Collette-Moxon ; E Huston |
| Location | Auckland |
| Parties | Robertson v Waikato District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant developed allergic reactions while working in radiology department handling X-rays - Numerous incidents of allergic reactions to various chemicals - Applicant on ACC while on leave - OSH investigation - Alleged breach of implied and express terms of contract - Alleged breach of statutory duties under Health and Safety in Employment Act 1992 - No breach of statutory or contractual obligation - Personal injury not foreseeable - Respondent took all reasonable precautions in respect of applicant's safety - Numerous tests done by doctors - Unclear whether reaction related to chemicals present in radiology department - Authority considered ministerial report on hazardous substances - Claim statute barred under Injury Prevention Rehabilitation and Compensation Act 2001 - Alleged misdiagnosis of applicant's condition not disadvantage - UNJUSTIFIED DISMISSAL - Incapacity - Whether respondent made sufficient and appropriate effort to re-deploy applicant to safe and suitable position - Whether redeployment process fair and reasonable - Attempts at redeployment unsuccessful as applicant still suffered allergic reactions - Applicant dismissed - Extensive efforts made to assist, retrain and redeploy applicant - Dismissal procedurally fair and justified on grounds of incapacity - Radiology department worker |
| Result | Application dismissed ; Costs reserved |
| Statutes | Accident Insurance Act 1998;HSE;HSE s12;HSE s13;Injury Prevention Rehabilitation and Compensation Act 2001;Injury Prevention Rehabilitation and Compensation Act 2001 s 318 |
| Cases Cited | Accident Compensation Corporation v Doyle unreported, Ongley J, 7 March 2002, Palmerston North District Court, AI 56/99;Reeves v Pyne Gould Guinness Ltd unreported, Palmer J, 19 July 1996, CEC 22/96;Urbani v Gillion and Sons Ltd unreported, Master Venning, 14 May 2002, Dunedin High Court, CP 26/01 |
| Number of Pages | 27 |
| PDF File Link: | aa 258_03.pdf [pdf 129 KB] |