| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119/05 |
| Hearing date | 8 Feb 2005 |
| Determination date | 06 April 2005 |
| Member | M Urlich |
| Representation | R Ord ; P Appleton |
| Location | Auckland |
| Parties | Health Waikato, Waikato District Health Board and Ors v Turner and Ors |
| Other Parties | Turner, Health Waikato, Waikato District Health Board, Public Service Association |
| Summary | PRACTICE AND PROCEDURE - JURISDICTION - GOOD FAITH - Preliminary question of whether grounds to join second initiating party's (T") union ("PSA") as defendant in personal grievance proceedings against second responding party (T's former employer) - Alleged PSA failed to adequately represent her prior to dismissal - Alleged personal grievance, breach of contract, tort, and breach of good faith - PSA opposed joining - No personal grievance against PSA as essential element was employee/employer relationship - Breach of contract based on alleged failure of PSA to raise arguments in T's defence - Claim not based on breaches of collective agreement but adequacy of representation - Declined to investigate breach of contract claim - No jurisdiction to deal with actions founded in tort - Good faith claim based on alleged failure to pass on information in timely manner - Authority not in position to resolve disputed facts at preliminary stage - T and PSA directed to mediation" |
| Result | Orders according ; Costs reserved |
| Statutes | ERA s4(1);ERA s4(2)(c);ERA s103(1);ERA s161(1)(r) |
| Cases Cited | De Soysa v Porirua College Board of Trustees [1996] 1 ERNZ 538 |
| Number of Pages | 3 |
| PDF File Link: | aa 119_05.pdf [pdf 16 KB] |