| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 372/07 |
| Hearing date | 28 Nov 2007 |
| Determination date | 29 November 2007 |
| Member | M Urlich |
| Representation | J Roberts ; P Skelton |
| Location | Auckland |
| Parties | Ms X v Bay of Plenty District Health Board |
| Summary | PRACTICE AND PROCEDURE – Application for adjournment – Applicant had applied for compliance orders reinstating paid sick leave until returned to work or personal grievance resolved – Parties advised sick leave reinstated until further mediation – Further mediation did not occur and respondent stopped payments – Investigation of compliance application rescheduled - Respondent sought adjournment pending outcome of criminal prosecution for alleged offences against s6 Health and Safety in Employment Act 1992 – Submitted cause of applicant’s ill health squarely before Authority to determine, and was considerable factual and legal overlap between issue and issues before District Court – Respondent claimed its right to silence overridden if Authority determined issue prior to criminal proceedings – Also claimed danger of injustice as would have to disclose defence to criminal prosecution and its “right to silence” could not be adequately compensated by damages - Applicant opposed adjournment – Authority accepted further delay in resolving employment relationship problem important factor in exercising discretion to grant adjournment - Issue of causation squarely before Authority – Respondent denied applicant’s illness due to its actions and did not concede she had arguable case – Issue of causation would have to be determined by Authority - Would be entitled to investigate issue and parties would be entitled to put forward evidence in support of positions – Authority not satisfied causation issue could be cleaved from investigation, and issue central to criminal proceedings – Adjournment granted |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | HSE |
| Cases Cited | A Ltd v B [1999] 1 ERNZ 613;ADT Securitas Ltd v Geange (1992) 6 PRNZ 100;Singh v The Chief Executive Officer of the Department of Labour [2005] 1 ERNZ 569 |
| Number of Pages | 5 |
| PDF File Link: | aa 372_07.pdf [pdf 21 KB] |