| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58/04 |
| Hearing date | 20 Nov 2003 - 21 Nov 2003 (2 days) |
| Determination date | 21 May 2004 |
| Member | P Montgomery |
| Representation | L McLay ; PD Zwart |
| Location | Christchurch |
| Parties | Perkin and Anor v IHC Incorporated |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged failure to provide safe workplace in breach of Health and Safety in Employment Act 1992 and collective agreement - Both applicants alleged they were physically assaulted by service user K" on numerous occasions - Filed incident reports after assaults - Respondent's evidence that proper form to use was workplace injury report - Respondent offered counselling - Applicants continually drew respondent's attention to assaults using only methods aware of - Assistance given was sporadic, uncoordinated and piecemeal until personal grievances notified - Instructed in appropriate techniques to restrain K but not given protocol for application - Respondent breached obligations - Applicants disadvantaged in their employment - IHC Residential community support workers" |
| Result | Applications allowed ; Compensation for humiliation, etc ($5,000)(JP) ($5,500)(KB) ; Costs reserved |
| Statutes | ERA s103(1)(b);HSE s6;HSE s10;Health and Safety in Employment Amendment Act 2002 s2 |
| Cases Cited | Department of Labour v Eadem [1995] DCR 801 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |