| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/07 |
| Determination date | 12 September 2007 |
| Member | D Asher |
| Representation | D Moore (in person) ; J Dean |
| Location | Wellington |
| Parties | Moore v PG 2000 Ltd |
| Summary | JURISDICITON - PRACTICE AND PROCEDURE - Whether applicant’s claim statute barred by s317 Injury Prevention, Rehabilitation and Compensation Act 2001 (IPR&C Act) - Applicant alleged exposed to tungsten and cobalt during employment which resulted in health problems - Sought compensation from respondent - Respondent denied causal link between work and health problems - Applied to strike out claims on grounds barred by IPR&C Act - After Department of Labour OSH investigation hazards were remedied and new practices adopted - Applicant later resigned and successfully applied for ACC - No reason to find respondent either knew, or should reasonably have known, applicant’s working conditions breach health and safety obligations - Not an unjustified disadvantage case - Damages claimed by applicant arose directly or indirectly from personal injury - Applicant statute barred from pursing matter in Authority - Fitter and turner |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Injury Prevention, Rehabilitation and Compensation Act 2001 s317;Injury Prevention, Rehabilitation and Compensation Act 2001 s317(2) |
| Cases Cited | French v The Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Western Mailing Ltd v Subritzky [2003] 2 ERNZ 465 |
| Number of Pages | 6 |
| PDF File Link: | wa 127_07.pdf [pdf 25 KB] |