| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 162/03 |
| Determination date | 17 November 2003 |
| Member | A Dumbleton |
| Representation | M Quigg ; C Inglis |
| Location | Wellington |
| Parties | Dallinger v The Attorney-General on behalf of the Chief Executive for the Department for Courts |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged breach of good employer obligations - Alleged stress from unreasonable requirements of manager - No opposition to removal application - No important questions of law - Case based on factual disputes - Definitions of harm and hazard in Health and Safety in Employment Amendment Act 2002 not inherently difficult - No immediacy for removal - Mediation ongoing - Application for removal unwarranted - Non-publication order - Interests of justice favour non-publication - Importance of maintaining continuous productive employment relationship - Need to afford protection to persons not parties to matter - Allegation made against person who were not parties - Media publicity could affect settlement of problem - Non-publication orders warranted - Statement of problem, statement in reply and any evidence supplied to Authority to be prohibited from publication |
| Result | Application dismissed (Removal of proceedings) ; Application granted (Non-publication order) ; Costs reserved |
| Statutes | ERA s160(3);ERS s177;ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d);ERA Second Schedule cl10;Health and Safety in Employment Act 2002 s4;Health and Safety in Employment Act 2002 s31;State Sector Act 1988 s56 |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Brickell v Attorney-General [2000] 2 ERNZ 529;Gilbert v Attorney-General [2000] 1 ERNZ 332;Matheson, being executrix of the estate of Mark Douglas Matheson v Transmissions & Diesels Ltd [2001] ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |