| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 118/07 |
| Determination date | 01 October 2007 |
| Member | J Crichton |
| Representation | B Manning ; P Shaw |
| Location | Christchurch |
| Parties | Association of Professionals and Executive Employees Inc v Canterbury District Health Board |
| Summary | PRACTICE AND PROCEDURE – Discovery – Parties entered into Life Preserving Services Agreement (“LPSA”) to facilitate provision of services during strike – Applicant alleged respondent breached LPSA and duty of good faith – Matter set down for investigation meeting – Parties exchanged correspondence regarding discovery – Rather than responding to applicant’s request for information, respondent indicated not in position to respond until applicant had responded to its request – Applicant requested disclosure of four categories of document – Respondent objected to disclosure – Contended documents not relevant, subject to patient confidentiality and applicant not entitled to documents under LPSA – Natural justice required discovery – Parties entitled to opponent’s documents unless special circumstances or documents not relevant – Whether document relevant depended on whether it related to dispute – Difficult to see how applicant could satisfy itself documents relevant without first examining them – Authority accepted applicant’s contention that patient notes best evidence – Source of request not determinative – LPSA could not be read to mean applicant could not apply for discovery because of effect of provision in LPSA – Applicant entitled to discovery of information sought to appropriately progress claim – Respondent directed to discover documents |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Employment Court Regulations 2000 Regulation 38(1) |
| Number of Pages | 6 |
| PDF File Link: | ca 118_07.pdf [pdf 24 KB] |