| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 98/07 |
| Hearing date | 19 Jun 2007 - 20 Jun 2007 (2 days) |
| Determination date | 17 July 2007 |
| Member | G J Wood |
| Representation | B Manning ; J Coates |
| Location | Wellington |
| Parties | The Association of Professionals & Executive Employees Inc v Capital & Coast District Health Board |
| Summary | GOOD FAITH – Applicant represented public hospital radiation therapists - Applicant withdrew claim respondent breached Life Preserving Services Agreement (“LPSA”) by requesting services of union members for treatment of a patient (“A”) – Applicant claimed respondent failed to act in good faith by not fully informing it of events and not involving it in internal review of A’s medical situation - Necessary to take broad view of what constituted life preserving services under Code of Good Faith in Public Health Sector – Purpose of Code and LPSAs to ensure patient safety and limit deaths by requiring provision of life preserving services – Potential risk (or jeopardy) to life, rather than actual existence of risk to life, must be considered when interpreting Code – LPSA also to be interpreted in that light, given it must be consistent with Code – Although opinions of medical practitioners to be given credence, employers to ensure minimised use of workers who would otherwise be on strike, including by putting systems in place – Clearly did not occur in present case – Except for meeting requirements of Code regarding communication and information, Respondent not required to do more than use dispute resolution process in collective employment agreement (CEA") - Applicant informed of respondent's actions in timely manner and given necessary information - Failure to involve applicant in review, and other actions, not breach of good faith under Code or CEA - Claims dismissed – Disputes involving use of life preserving services probably better determined by independent medical specialist in advisory/decision-making role - Recommendation parties agree on method for determination of disputes in future LPSAs" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Good Faith |
| Statutes | ERA Schedule 1B cl2;ERA Schedule 1B cl3;ERA Schedule 1B cl4;ERA Schedule 1B cl11;ERA Schedule 1B cl12;ERA Schedule 1B cl13;ERA Schedule 1B cl22;ERA Schedule 1B cl23 |
| Number of Pages | 14 |
| PDF File Link: | wa 98_07.pdf [pdf 53 KB] |