| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 101/06 |
| Hearing date | 12 Dec 2005 - 15 Mar 2006 (4 days) |
| Determination date | 07 July 2006 |
| Member | P Cheyne |
| Representation | K Stringleman ; J Mills |
| Location | Christchurch |
| Parties | Dillon v Tip Top Ice Cream Company Ltd |
| Summary | DISPUTE - Interpretation of collective agreement - Applicant had accidents at work - Applicant sought severance payment under clause in collective employment agreement (CEA") - Worker entitled to payment if permanently unfit for work as result of work -related accident, or where company admitted liability - Referred to circumstances under which CEA concluded - Authority found no intention to require worker to establish respondent at fault - Respondent disputed applicant permanently unfit for work at respondent as result of work related accident - Medical specialists attributed impairment, including depression, to workplace accidents - Medical evidence mostly clear change of occupation required - Clear applicant would never return to work at respondent - Must be assessed as permanently unfit for work at respondent even if regained some function - Circumstances were those in which parties intended severance payment be made - Entitled to severance payment" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | HSE;Injury Prevention Rehabilitation and Compensation Act 2001 |
| Cases Cited | ASTE V Chief Executive of Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Secretary for Education v NZEI [2002] 2 ERNZ 470 |
| Number of Pages | 10 |
| PDF File Link: | ca 101_06.pdf [pdf 73 KB] |